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NY L89341




January 23, 2006

CLA-2-82:RR:NC:N1:118 L89341

CATEGORY: CLASSIFICATION

TARIFF NO.: 8215.99.0500; 8215.99.5000

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

RE: The tariff classification of condiment fork and olive spoon from China.

Dear Ms. Marcoux:

In your letter, dated January 5, 2006, you requested a tariff classification ruling.

The merchandise is described as follows:

The “Easy-Pick Condiment Fork,” item 53450, is an 18/8 stainless steel, spring-loaded fork used to spear pickles in a jar. The condiment fork measures 8¼” in length, 7/8” in width, and ¾” in height. The user spears the pickle, lifts it up, and presses the tip of the fork’s handle to release it. The condiment fork is valued at or above 25¢ each. The “No-Mess Olive Spoon,” item 53460, is an 18/8 stainless steel, vented spoon used to serve olives from a jar. The olive spoon measures 7” in length, 1¼” in width, and 5/8” in height. Six teeth along the periphery of the base prevent the olive from rolling off the spoon and a hole at the base permits excess juice to drain.

The applicable subheading for the condiment fork will be 8215.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other: other: forks: with stainless steel handles: with handles containing nickel or containing over 10 percent by weight of manganese: other. The rate of duty will be 0.5¢ each, plus 8.5% ad valorem.

The applicable subheading for the olive spoon will be 8215.99.5000, HTSUS, which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other: other: other (including parts). The rate of duty will be 5.3% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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