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NY N004707




December 29, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8211.92.4060

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of pumpkin carving kits from China.

Dear Mr. Williams:

In your letter dated December 12, 2006, you submitted two pumpkin carving kit samples and requested a tariff classification ruling. Your samples are being returned to you as requested.

The contents of the pumpkin carving kits have been described as follows: Style No. CI208 – 12-Minute Jack-O’-Lantern Candle – 62% palm oil and 38% paraffin
Knife (2) – 50% polypropylene plastic and 50% steel metal (serrated) Etching tool – 100% polypropylene impact plastic (found to have a metal detailing edge)
Pen – 70% polypropylene plastic and 30% ink Scoop – 100% acrylonitrile butadiene styrene Stencils – 100% paper
Style No. CI209 – Basic Pumpkin Set
Knife – 50% polypropylene plastic and 50% steel metal (serrated) Pen – 70% polypropylene plastic and 40% ink Scoop – 100% acrylonitrile butadiene styrene Stencils – 100% paper

The applicable subheading for the pumpkin carving kits, style numbers CI208 and CI209, will be 8211.92.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: other: other knives having fixed blades: with rubber or plastic handles: other, other. The rate of duty will be 1¢ each + 4.6%.

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/.

Merchandise within kit CI208 may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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