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NY L86127

July 22, 2005

CLA-2-82:RR:NC:N1:118 L86127


TARIFF NO.: 8215.20.0000/8215.99.0100

Ms. Joanne Harmon
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a buffet set from China.

Dear Ms. Harmon:

In your letter, dated July 12, 2005, you requested a tariff classification ruling. We are returning the sample as you have requested.

The “Elegant Porcelain 33 Piece Buffet Set,” item 321055, is a buffet set providing service for eight. The buffet set is comprised of 8-10 ½” porcelain dinner plates, 8 stainless steel forks, 8 stainless steel spoons, 8 stainless steel knives, and 1 silver plated metal rack. The knives, forks and spoons have stainless steel handles containing nickel. The knives, forks and spoons are valued under 25¢ each and the knives and forks measure not over 25.9 cm in overall length. The dinner plates measure over 22.9 but not over 27.9 cm in maximum diameter and are valued not over $41 per dozen.

The applicable subheading for the buffet set will be 8215.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other sets of assorted articles. The set will be dutiable at the rate of duty applicable to that article in the set subject to the highest rate of duty. Since the rate of the forks (0.9¢ each + 15.8 percent) is the highest, it will apply to the whole set. The complete tariff classification for the set will be 8215.20.0000/8215.99.0100. The specific rate (0.9¢ each) applies to each piece in the set.

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

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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