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NY L85021

June 9, 2005

CLA-2-82:RR:NC:N1:113 L85021


TARIFF NO.: 8210.00.0000

Ms. Terri Ursery
Garden Ridge®, LP
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of a 4 piece wine gift set from China.

Dear Ms. Ursery:

In your letter dated May 17, 2005, you requested a tariff classification ruling.

“Tres Gourmet” brand “Wine Connoisseur To Go Ensemble,” Item 99431, is a 4 piece wine gift set. The wine gift set is comprised of 1 corkscrew, 2 wine charms, 1 reusable bottle cooler, and 1 dictionary of wine, packed in a textile and plastic carrying case (wine bottle holder). The corkscrew is made of plastic and chrome plated zinc alloy. The 2 wine charms are chrome plated zinc alloy. The bottle cooler is a knit polyester pile sleeve whose inside is folded to hold 2 plastic inserts. These plastic inserts contain a solution that retains cold when chilled. The dictionary of wine is printed on a folded paper card. The carrying case (wine bottle holder) is made of polyester and polyvinyl chloride (PVC).

The applicable subheading for the 4 piece wine gift set will be 8210.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink, and base metal parts thereof. The rate of duty will be 3.7% ad valorem.

The polyester and PVC carrying case (wine bottle holder) falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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