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NY R03434




March 17, 2006

CLA-2-82:RR:NC:N1:118 R03434

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.3500; 8205.51.3030

Mr. Troy Crago
Atico International (USA), Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a flask and corkscrew/bottle opener from China.

Dear Mr. Crago:

In your letter, dated March 13, 2006, you requested a tariff classification ruling.

The merchandise, item C029JA00023, is comprised of an 8 ounce flask and a corkscrew/bottle opener. Both items are stainless steel. You state that the items are imported as a set and packaged for retail sale without need for repackaging.

In your correspondence you have inquired as to whether this product is classifiable as a set pursuant to GRI 3. These two items packaged together do not fulfill the set requirement to “meet a particular need or carry out a specific activity.”

The applicable subheading for the flask will be 7326.90.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel: other: other: containers of a kind normally carried on the person, in the pocket or in the handbag. The rate of duty will be 7.8% ad valorem.

The applicable subheading for the corkscrew/bottle opener will be 8205.51.3030, HTSUS, which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: household tools, and parts thereof: of iron or steel: other (including parts): kitchen and table implements. The rate of duty will be 3.7% 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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