CLA-2-82:S:N:N3:119 886824

Mr. Ken Kobayashi, Vice President
Sanyei America Corporation
Minneapolis Branch
10 Second Street N.E., Riverplace
Suite 108
Minneapolis, Minnesota 55413

RE: The tariff classification of a stainless steel flatware set from Japan

Dear Mr. Kobayashi:

In your letter dated May 27, 1993, you requested a tariff classification ruling.

The merchandise to be imported is a 12-piece set of flatware (Item No. 405) made of 13 Chrome stainless steel. The set contains 4 dinner knives, 4 dinner forks, and 4 tablespoons.

The set is packed in a retail cardboard container measuring 8 3/4 inches long by 3 3/4 inches wide by 2 inches high. It is a type of retail container in which flatware is sold in houseware and department stores. A sample of the packed flatware set was submitted with your letter. The country of origin for the set is Japan.

The value breakdown for the articles in the set is as follows:

12-Piece Service for 4 (Item No. 405)

Dinner Knife (4 pieces).......$2.32 Dinner Fork (4 pieces) .......$1.07 Tablespoon (4 pieces) .......$1.04 Printed Box...................$0.37 F.O.B. Japan ...............$4.80/set

The applicable subheading for the 12-piece flatware set will be 8215.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons, forks, ladles, skimmers ... 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. Based on the price breakdown you provided, the complete set will be dutiable at the spoon rate of 8.5 percent ad valorem (8215.99.3500, HTS: other spoons and ladles with stainless steel handles).

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport