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NY H87159

February 7, 2002

CLA-2-90:RR:NC:N1:105 H87159


TARIFF NO.: 9025.19.8080

Mr. John deBoer, Classification Specialist Wal*Mart Stores, Inc.
Direct Imports (0410)
702 SW 8th Street
Bentonville, AR 72716-0410

RE: The tariff classification of temperature cooking utensils from China

Dear deBoer:

In your letter dated January 15, 2002, for temperature cooking utensils, you requested a tariff classification ruling.

The non-functioning sample, labeled Norcross, which you describe as Thermo Grilling Utensils, consists of a handle which has a digital display in Fahrenheit or Centigrade degrees plus 4 items with temperature probes that can be interchangeably attached to it. Two are spatulas, one metal, the other plastic, and the other two are just probes. One of the buttons on the handle says Speak and another says Language so it appears that it can say as well as show the temperature. You provided no explanation about any of its functions.

The item is a composite good in which the elements that measure and display the temperature either give the whole its essential character or are classified in the last heading which describes the components and which equally merits consideration as supplying the essential character.

We note that standard spatulas are classified in HTS Chapter 39 or 82 and are considered to be “utensils”, not “instruments”.

The applicable subheading for this item will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for thermometers and pyrometers which are not combined with other instruments, are not liquid filled, and are not clinical. The general rate of duty will be 1.8 percent ad valorem.

You requested that we return your samples. The samples are being returned in a separate mailing.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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