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NY M86831

October 11, 2006

CLA-2-96: RR: NC: SP: 231 M86831


TARIFF NO.: 9614.20.8090

Mr. Carlos Maldonado
Norman Krieger, Inc.
921 W. Artesia Blvd.
Rancho Dominguez, CA 90220

RE: The tariff classification of a hookah pipe from China.

Dear Mr. Maldonado:

In your letter dated September 12, 2006, on behalf of your client NIE Incorporated you requested a tariff classification ruling.

The submitted sample is a traditional hookah-pipe (style # CH101), which is intended to be used with various types of tobacco. The pipe measures approximately 10 ¼-inches tall and 4 inches wide. The pipe has a glass base, a vertical chrome plated metal pipe body and a ceramic pipe bowl, resting on a circular chrome colored plastic bowl, or plate. The flexible smoking hose, which attaches to the side of the pipe body, is covered with a plastic coated textile fabric that is circle wrapped with reinforced thread. The top of the pipe has a circular chrome plated metal plate and a large circular ceramic bowl.

The applicable subheading for the hookah-smoking pipe (style # CH101), will be 9614.20.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: pipes and pipe bowls: other: other. The duty rate will be 0.3¢ each + 3.2 percent ad valorem.

The submitted sample is not marked with the country of origin. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the hookah pipe would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) 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 manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in subheading 9614.00.2890 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 Nathan Rosenstein at 646-733-3030.


Robert B. Swierupski

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