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NY F87025

June 2, 2000

CLA-2-19:RR:NC:2:228 F87025


TARIFF NO.: 1905.30.0049, 2005.70.2550, 6912.00.4810, 7013.39.2000

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 East 2nd Street
Long Beach, CA 90803

RE: The tariff classification of a martini set and cookies in glass storage containers, from China.

Dear Mr. Harper:

In your letter dated May 9, 2000 you requested a tariff classification ruling.

Three samples, ingredients breakdowns and illustrative literature accompanied your letter. The samples of the cookies were examined and disposed of. Items CK-201023 and CK-200335, Gourmet Cookies, consist of clear glass jars filled with individually-wrapped cookies. The cookies are wafers measuring approximately 2-3/4 inches by 7/8 inches, with a sweet chocolate filling, consisting of wheat flour, corn starch, soybean powder, vegetable oil, flow agent, phospholipide, cocoa butter, icing, cocoa powder, whole milk powder, egg white powder, rice powder, and cocoa liquor. The wafer cookies are individually wrapped in metallized plastic and decorated with a picture affixed with a ribbon. The container for item no. CK-201023 is a clear glass storage container with a glass lid, measuring 10-1/2 inches tall and 9 inches at its widest point. The value of the container is 65 cents. The container for item no. CK-200335 is a clear glass jar with a metal screw-top lid, measuring 7-1/2 inches tall and 6 inches in diameter. The value of the container is 51 cents. Item no. OL-200446, Martini Set, consists of three items - olives, a plate, and four olive forks - put up together in a clear plastic box. The olives are green olives stuffed with pimientos in a liquid medium of brine, put up in a clear glass jar measuring approximately 5 inches tall and 2-1/2 inches in diameter. The ceramic plate measures approximately 4-3/4 inches in diameter, and the four forks are made of metal and have handles resembling olives. The value of the plate is 30 cents.

The cookies and jars in items CK-201023 and CK-200335, and the components of the martini set, item OL-200446, will be classified separately.

The applicable subheading for the cookies in items CK-201023 and CK-200335 will be 1905.30.0049, Harmonized Tariff Schedule of the United States (HTS), which provides for breads, pastry, cakes, biscuits, and other bakers' wares, whether or not containing cocoa...sweet biscuits; waffles and wafers...other ...other. The rate of duty will be free.

The applicable subheading for the olives in the martini set, item OL-200446, will be 2005.70.2550 HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006olivesin a saline solution green in colorpitted or stuffedotherin containers each holding 8 kg or less, drained weightwhole stuffed. The rate of duty will be 8.6 cents per kilogram on drained weight.

The applicable subheading for the plate in the martini set, item OL-200446, will be 6912.00.4810, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareotherother othersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the glass storage containers in items CK-201023 and CK-200335 will be 7013.39.2000, HTS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramicsotherothervalued not over $3 each. The rate of duty will be 25.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the olive forks in the Martini Set. Your request for a classification ruling should include a description of the materials the forks are composed of.

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 Stanley Hopard at 212-637-7065.


Robert B. Swierupski

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