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NY H81579

May 30, 2001

CLA-2-82:RR:NC:1:118 H81579


TARIFF NO.: 8205.51.3060

Ms. Astra Galins
CYRK, Inc.
101 Edgewater Drive
Wakefield, MA 01880-5374

RE: The tariff classification of fireplace stand with four tools from China, Taiwan or Hong Kong.

Dear Ms. Galins:

In your letter dated May 17, 2001, you requested a tariff classification ruling. Your submitted sample will be returned to you as requested.

You have described your sample as a fireplace stand with four tools. It is comprised of a stand approximately 27” in length which holds the four tools that includes a shovel, a poker, a flex tong, and a brush. The tools are approximately 24” in length and are designed to be used to maintain a fire and to clean a fireplace. Both the tools and the stand comprising the set are made of 100% iron or steel. The exception being the brush that is made of corn broom corn that is affixed to an iron or steel handle.

When two or more goods are put up for retail sale and meet the criteria for sets, the goods are classified according to the component which gives them their essential character. In this instance, the shovel, poker, and flex tongs impart the essential character of the set.

The applicable subheading for the fireplace stand with the tools will be 8205.51.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for household tools and parts thereof: of iron or steel: other: other (including parts). The duty rate will be 3.7% ad valorem.

The brush is subject to a tariff rate quota from all three countries. Based upon international trade agreements it is subject to quota. Its quota status is the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, with the intended Customs port of entry. In addition, a separate line on the entry should be made to clearly identify the quantities imported.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 212-637-7025.


Robert B. Swierupski

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