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NY N020703




December 19, 2007

CLA-2-82:OT: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 Hong Kong.

Dear Mr. Williams:

In your letter dated December 12, 2007, you requested a tariff classification ruling. The three samples which you submitted are being returned as requested.

Item #CI054 is advertised as a Sure Grip© Tools and Stencils. It contains two double serrated stainless steel carving tools with GPPS ergonomic design comfort grips. The kit also contains five paper stencils.

Item #CI055 is advertised as a Sure Grip© Pumpkin Carving Set. The set contains two double serrated stainless steel carving tools with GPPS ergonomic design comfort grips, one flat plastic pumpkin scoop with a serrated edge, an etching tool and ten paper stencils.

Item #CI059, The Perfect Pumpkin Carving Kit/Sure Grip© Carving Kit, consists of two double serrated stainless steel carving tools with GPPS ergonomic design comfort grips, an etching tool with metal edge, a flat plastic pumpkin scoop with a serrated edge, two wax candles and twelve paper stencils.

The applicable subheading for the pumpkin carving kits 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% ad valorem.

Item #CI059, which contains candles, may be subject to antidumping duties or countervailing duties. 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. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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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