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NY L82791





March 23, 2005

CLA-2:73:RR:NC:N1:113: L82791

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9030; 7418.19.2090

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a shelf and a basket from China

Dear Ms. Marcoux:

In your letter dated February 25, 2005, you requested a tariff classification ruling.

The merchandise consists of a fruit and vegetable basket (item number 29010) and a microwave shelf (item number 29070). The chrome-plated iron basket has 3 tiers. Each tier is a bowl-shaped container, with the smallest at the top and the largest, at the bottom. The item measures approximately 12 inches in length, 12 inches in width, and 21.5 inches in height. There is a rod through the center that also serves as a carry handle. The microwave shelf is a rectangular tray made of chrome-plated copper alloy wire. It measures approximately 17 inches in length, 12 inches in width, and 2 inches in depth. The shelf will be used for extra storage space, such as on top of a microwave oven.

The applicable subheading for the basket will be 7323.99.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, other, other, not coated or plated with precious metal, other, other, kitchen or tableware suitable for food or drink contact. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the tray will be 7418.19.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of copper, other, other, other, other. The rate of duty will be 3 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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