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NY F81104




January 11, 2000

CLA-2-82:RR:NC:N1:113 F81104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8211.92.4060

Ms. Traci Manuel
Virgo III Ltd..
766 Knox Court
Yardley, PA 19067

RE: The tariff classification of a Pouchmate from Canada or China

Dear Ms. Manuel:

In your letter dated January 4, 2000, on behalf of Campbell Soup Company, you requested a tariff classification ruling.

The sample you provided is the Pouchmate, an opener for plastic pouches of soup. The item is flat, is made of plastic and is about 9 ¾ inches long [25.5 cm.] It has a magnet on the back to hold it to a metal surface. Its handle is about 1 inch wide and 3 1/4 inches long. The handle separates into two tines, each about ½ inch wide. At the top of the left tine, in a protected position, is a small, sharpened blade. The Pouchmate is used to remove the pouch of soup from boiling water and cut the top to remove the contents.

The applicable subheading for the Pouchmate will be 8211.92.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for knives with cutting blades, serrated or not, other, other knives having fixed blades, with rubber or plastic handles, other, other. The general rate of duty will be 1 cent each plus 4.6 percent ad valorem.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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