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NY H81586

August 15, 2001

CLA-2-20:RR:NC:2:228 H81586


TARIFF NO.: 2001.90.3900, 2005.70.9100, 2005.70.9300, 4420.90.4500, 6912.00.4100, 8215.99.2000

Mr. Nick Raagas
Shonfeld’s USA, Inc.
57 Romanelli Avenue
South Hackensack, NJ 07606

RE: The tariff classification of a gift set from China.

Dear Mr. Raagas:

In your letter dated May 11, 2001, you requested a tariff classification ruling.

A sample, an ingredients breakdown, and illustrative literature accompanied your letter. Item no. CKT-201946 Martini Set is comprised of glass jars of pearl onions and stuffed green olives, a ceramic salt shaker in the shape of a martini shaker, a ceramic pepper shaker in the shape of a martini glass (with toothpick and olive), and two small metal forks with olive-shaped handles, all in a wooden tray measuring 7 x 7 x 1.5 inches. The pearl onions are in a liquid medium of water, salt, vinegar, sodium metabisulfite, calcium chloride, and potassium sorbate. The olives are pitted and stuffed with pimento paste and are in a liquid solution described on the product label as “brine” and on the specification sheet as “vinegar brine”. Laboratory analysis found the olives contained 0.44 percent acetic acid and the onions contained 1.6 percent acetic acid. The olives are products of Greece, the onions are from Israel, and the other components are from China. The gift set is assembled in China.

The applicable subheading for pearl onions will be 2001.90.3900, HTS, which provides for vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acidothervegetablesother. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for the stuffed olives, when the total aggregate quantity imported into the United States in any calendar year is 550 metric tons or less, will be 2005.70.9100, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozenolivesotherwise prepared or preservedgreen, in containers each holding less than 13 kg, drained weightin an aggregate quantity not to exceed 550 metric tons in any calendar year. The rate of duty will be 5.5 cents per kilogram on drained weight. When the total quantity imported into the United States in any calendar year exceeds 550 metric tons, the applicable subheading will be 2005.70.9300, HTS, and the rate of duty will be 8.8 cents per kilogram on drained weight.

The applicable subheading for wood tray will be 4420.90.4500, HTS, which provides for caskets and cases for jewelry or cutlery and similar articles, of woodotherjewelry boxes, silverware chests, cigar and cigarette boxes, microscope cases, tool or utensil cases and similar boxes, cases and chests, all the foregoing of woodothernot lined with textile fabrics. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the salt and pepper shakers will be 6912.00.4100, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareotherother othersalt and pepper shaker sets. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the olive forks will be 8215.99.2000, HTS, which provides for forksotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 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 Stanley Hopard at 212-637-7065.


Robert B. Swierupski

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