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NY L81872




February 2, 2005

CLA-2-82:RR:NC:1:113 L81872

CATEGORY: CLASSIFICATION

TARIFF NO.: 8210.00.0000

Mr. Jason Ricketts
Kuehne & Nagel, Inc.
621 Lambert Pointe Drive
St. Louis, MO 63042

RE: The tariff classification of a coffee server of unspecified origin

Dear Mr. Ricketts:

In your letter received January 5, 2005 you requested a tariff classification ruling on behalf of your client, Bunn-O-Matic. Descriptive literature and a sample were submitted.

The article in question is described as a 1.5 gallon portable coffee server with brew through lid. The server is a stainless steel container with a hand-operated valve that allows dispensing of 1.5 gallons of hot beverage. The server does not incorporate a heating element and is used in conjunction with a separate coffee brewer and warming stand. The brewer makes the hot beverage, while the warming stand provides the heat necessary to keep the beverage within server at serving temperature. The information submitted reveals that the shipping weight for the server is 4.5 kilograms.

In your request you indicate that your client is requesting classification of the server under subheading 8419. 81.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other machinery, plant or equipment for making hot drinks. However, the server does not make hot drinks, but simply holds hot drinks for dispensing.

The applicable subheading for the coffee server will be 8210.00.0000, HTSUS, which provides for hand-operated appliances, weighing 10 kilograms or less, used in the preparation, conditioning or serving of food or drink . The general rate of duty will be 3.7 percent ad valorem .

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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