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NY L83666

April 7, 2005

CLA-2-74:RR:NC:N1:113: L83666


TARIFF NO.: 7418.19.1000

Mr. Joel G. McClure
Restoration Hardware
15 Koch Road, Suite J
Corte Madera, CA 94925

RE: The tariff classification of olive picks from China

Dear Mr. McClure:

In your letter dated February 16, 2005, you requested a tariff classification ruling.

This new ruling is a correction of a clerical error contained in New York Ruling L82635 where the silver-plated brass olive pick set was incorrectly classified 7418.19.2030.

The merchandise is a set of eight olive picks stored in a cylindrical holder (item number OPH-001). Each pick has one tine. The picks and the cylindrical holder are made of silver-plated brass. In your letter, you suggest classification of the olive picks and holder under tariff classification 8215, HTS, which provides for spoons, forks, ladles, skimmersand similar kitchen and tableware of base metal. However, heading 8215 only covers picks with two or more tines.

The applicable subheading for the eight olive picks and holder will be 7418.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of copper, other, coated or plated with precious metals. The rate of duty will be 3 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 James Smyth at 646-733-3018.


Robert B. Swierupski

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