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NY J88057

September 12, 2003

CLA-2-44:RR:NC:2:230 J88057


TARIFF NO: 4419.00.8000

Ms. Irene Chan
T.H. Kelly Int’l Inc.
813 W. Arbor Vitae St. , 2nd fl.
Inglewood, CA 90301

RE: The tariff classification of a chopstick set from China

Dear Ms. Chan:

In your letter dated August 14, 2003, on behalf of the importer, Ho Tai Printing, you requested a classification ruling.

The ruling was requested on a chopstick set. A sample of the set was submitted. It consists of a pair of chopsticks, a chopstick pouch, a napkin and a napkin ring. The 9-1/2” long chopsticks are made of wood and are finished with a lacquered dark stain and painted gold designs. The chopstick pouch is made of a printed red fabric and is specially designed to hold a single pair of chopsticks. The napkin is a hemmed red cotton fabric square measuring approximately 14” x 14”. The napkin ring is made of braided red fabric with gold accents.

The articles are sold together as a set. They are put up together by folding the napkin, placing the chopsticks in the pouch and holding both together with the napkin ring. The articles are designed to be used together in setting a table to eat a meal. They constitute goods put up in sets for retail sale and are classifiable according to the article which gives the set its essential character. The essential character is imparted by the wooden chopsticks because of the more important role they play in the set’s function of eating a meal.

The applicable subheading for the chopstick set described above will be 4419.00.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other tableware and kitchenware of wood. The duty rate will be 3.2 percent ad valorem.

The napkin falls within textile category designation 369. Based upon international textile trade agreements products of China in category designation 369 are not subject to quota or visa requirements.

The designated textile and apparel categories and their quota and visa status are 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, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

Importations of these products may be subject to import regulations administered by the U. S. Food and Drug Administration (FDA). You may contact the FDA regarding applicable regulations at the following location: 5600 Fishers Lane, Rockville, Maryland 20857.

The sample was found to be not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.


Robert B. Swierupski

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