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NY J87559




August 21, 2003

CLA-2-09:RR:NC:SP:232 J87559

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0010; 4823.20.9000; 6912.00.4400; 6912.00.4810; 7310.29.0050

Mr. Shachar Gat
Shonfeld’s USA
16871 Noyes Avenue
Irvine, CA. 92606

RE: Amendment to NY J84808 dated June 19, 2003

Dear Mr. Gat:

In your letter received in this office on July 23, 2003, you requested an amendment to classification ruling NY J84808 that was issued to you on June 19, 2003. You have brought to our attention that the product properly under discussion is Product TE-204948, and not Product TE-200141 as had been listed in the ruling.

You submitted descriptive literature, product photographs and specifications, and a sample with your original request. The merchandise in question is Product TE-204948, a shrink-wrapped retail item. As the package submitted appears to be a prototype, the weight, and even the actual contents, of the individual items when imported may not be exactly as shown in the sample.

Product TE-204948 actually contains three parts packaged together to make one retail item. There is a small (3¾ inch high, 4½-inch diameter) plain, hemispherical, flat-bottomed white ceramic teapot. This is sitting on, and nested in, a similar undecorated hemispherical ceramic mug. The whole looks like a sphere with two looping handles and a small spout. This is resting on a metal canister, 4 inches in diameter, 1¼ inches high, said to contain “Earl Grey” tea. Subsequent inquiries indicated that the “Earl Grey” tea is black tea and will be imported packaged in tea bags. The submitted sample canister was empty. All are wrapped together in cellophane tied at the top with raffia.

The combination of items in Product TE-204948 is not classifiable as a set and therefore each item must be classified individually. The literature provided, as well as the packaging, describes this product as containing “Earl Grey” (black) tea in bags. For the purposes of this ruling it is therefore assumed that it does indeed contain black tea. The applicable subheading for the tea will be 0902.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg...In tea bags. The rate of duty will be free. However, all immediate containers and wrappings, and all intermediate containers of tea in packages of less than 2.3 kilograms, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty.

The applicable subheading for the paper tea bags will be 4823.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other paper...: Filter paper and paperboard: Other. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for the ceramic mug will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: Mugs and other steins. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the ceramic teapot will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: Other: OtherSuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the small metal canister will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: OtherOther. The rate of duty will be free.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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