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NY N004407




December 22, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8215.99.2000, 8215.99.4060, 8531.80.0050

Ms. Francene Hinds
JAV International Corporation
500 Ocean Avenue
East Rockaway, NY 11518-1325

RE: The tariff classification of Diet Dinnerware from China.

Dear Ms. Hinds:

In your letter dated December 11, 2006, you requested a tariff classification ruling.

The submitted sample contains the following items: a metal table fork with a plastic handle incorporating a battery operated light feature, a metal teaspoon with a plastic handle incorporating a battery operated light feature and a signaling device, operated by a battery, with an indicator light. The lights flash from green to red to serve as a pacing aid for the eater. Each item operates independently from the other.

The applicable subheading for the fork will be 8215.99.2000, 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 rubber or plastic handles. The rate of duty will be 0.5¢ each + 3.2% ad valorem.

The applicable subheading for the teaspoon will be 8215.99.4060, 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: spoons and ladles: with base metal (except stainless steel) or nonmetal handles: other. The rate of duty will be 5% ad valorem.

  The applicable subheading for the signaling device will be 8531.80.0050, HTSUS, which provides for electric sound or visual signaling apparatus: other apparatus... other. The rate of duty will be 1.3 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/.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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