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NY L86840




August 26, 2005

CLA-2-85:RR:NC:N1:113: L86840

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0095

RE: The tariff classification of a chocolate fountain from China

Mr. Kevin Maher
C-Air Customhouse Brokers
181 Franklin Avenue
Valley Stream, NY 11581

Dear Mr. Maher:

In your letter dated August 3, 2005, on behalf of Roseart Industries, you requested a tariff classification ruling.

The sample you submitted is called “The Real Chocolate Fountain” (item number 7950). The fountain is designed to circulate chocolate syrup from the base through the plastic body and out the top. Children will use the two plastic dipping spoons included to coat fruit, pretzels, and marshmallows with chocolate or other flavored syrups. The fountain requires four C batteries to operate.

The applicable subheading for the fountain will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances with self-contained electric motor, other appliances, other. The rate of duty will be 4.2 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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