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NY L80416

November 29, 2004
CLA-2-39:RR:NC:SP:221 L80416


TARIFF NO. 3924.10.4000

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of nylon kitchen tools from China.

Dear Mr. Morse:

In your letter dated October 25, 2004, you requested a classification ruling.

The submitted samples are identified as item number 847763, Nylon Kitchen Tool Set. The assorted set includes a spoon, a slotted spoon, slotted turner, ladle, spaghetti server and a skimmer. The heads of the kitchen tools are made of nylon and the handles are made of stainless steel. The handles measure 12 to 13 inches long. Your letter of inquiry questioned whether these items would be classified in Chapter 39 or 82. These kitchen tools are not considered to be cutlery because they contain no metal working edges. Therefore, classification will not be in Chapter 82. However, classification in Chapter 39 will be applicable.

The samples are returned as you requested.

The applicable subheading for the nylon kitchen tool set will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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