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NY R04474





August 24, 2006

CLA-2-44:RR:E:NC:2:230 R04474

CATEGORY: CLASSIFICATION

TARIFF NO.: 4419.00.8000

Mr. Jesper Kauth
Shane Elliott Import Export
123 Airport Rd.
Shaftsbury, VT 05262

RE: The tariff classification of a wooden tray set from Thailand

Dear Mr. Kauth:

In your letter dated July 25, 2006 you requested a tariff classification ruling.

The ruling was requested on a tray set, photographs of which were submitted. The tray set consists of three different sizes of serving trays. The trays are mainly made of mango wood. The bottoms of the trays are surface covered with interwoven strips of bamboo, and the two handles on the ends are wrapped with bamboo strips. The essential character of the trays is imparted by the wood because of the greater role the wood plays in the making and functioning of the products as trays.

You proposed classification in either subheading 4420.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for statuettes and other ornaments of wood, or in subheading 4420.90.8000, HTSUS, which provides for wooden articles of furniture not falling within chapter 94. However, the products are functional serving trays associated mainly with serving food and, therefore, have the character of tableware and kitchenware, provided for in heading 4419, HTSUS.

The applicable subheading for the wooden tray set will be 4419.00.8000, HTSUS, which provides for tableware and kitchenware, of wood, other (than forks and spoons). The duty rate will be 3.2 percent 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/.

Articles classifiable under subheading 4419.00.8000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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