CLA-2-95:OT:RR:NC:2:224
Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301
RE: The tariff classification of Barware Sets in Game Boxes from China
Dear Mr. Crago:
In your letter dated January 8, 2009, you requested a tariff classification ruling.
A sample of a Barware Set in Game Box, Atico item #A038GA00736, was received with your inquiry. Additionally, you are requesting a ruling on three other similar products as follows: item #A038GA00732, item #A038GA00734 and item #A038GA00735. All four items consist of game pieces and various combinations of barware items packaged in a PVC covered wood box with a game board printed on top.
The included sample, A038GA00736, consists of a stainless steel waiter corkscrew with folding knife, a stainless steel wine ring, a two piece stainless steel wine stopper, a wine thermometer, a stainless steel and plastic foil cutter, 32 chess pieces and a game board box. Item A038GA00732 includes a zinc alloy corkscrew, a stainless steel wine ring, a stainless steel wine pourer, a stainless steel foil cutter, a wine thermometer, 32 chess game pieces and a game board box. Item A038GA00734 is comprised of an iron plated waiter corkscrew (with folding knife), stainless steel wine ring, stainless steel wine pourer, a zinc alloy wine stopper, a stainless steel foil cutter, 32 chess game pieces and a game board box. Item A038GA00735 includes a stainless steel waiter corkscrew (with folding knife), a stainless steel wine ring, a stainless steel wine pourer, a wine thermometer, a stainless steel foil cutter, 32 chess game pieces and a game board box.
The Barware Set in Game Box is not considered a set for tariff purposes. GRI 3(b) goods put up in sets for retail sale must consist of products or articles put up together to meet a particular need or carry out a specific activity. These articles meet two distinct needs or activities: to serve wine and to play a game. Consequently, they do not meet the criteria for a set and must be broken out for classification purposes.
The applicable subheading for the game board box and chess pieces of item numbers A038GA00732, A038GA00734, A038GA00735 and A038GA00736 will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games…; parts and accessories thereof: Other: Other: Chess, checkers, parchisi, backgammon, darts and other games played on boards of special design, all the foregoing games and parts thereof (including their boards);…poker chips and dice.” The rate of duty will be free.
The applicable subheading for the stainless steel wine rings of the 4 barware sets will be 7323.93.0060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel… other, of stainless steel, cooking and kitchen ware, other, kitchen ware. The rate of duty will be 2% ad valorem.
The applicable subheading for the stainless steel wine pourer/stopper of items A038GA00732, A038GA00734 and A038GA00735, and the stainless steel wine stopper of item A038GA00734 and item A038GA00736, will be 8309.90.0000, HTSUS, which provides for stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories and parts thereof, of base metal. The rate of duty will be 2.6% ad valorem.
The applicable subheading for the zinc alloy corkscrew of item A038GA00732 will be 8205.51.7500, HTSUS, which provides for other handtools (including glass cutters) and parts thereof: household tools, and parts thereof: other. The rate of duty will be 3.7% ad valorem.
The applicable subheading for the stainless steel waiter corkscrew with folding knife of items A038GA00735 and A038GA00736 and the iron plated waiter corkscrew (with folding knife) of item A038GA00734 will be 8211.93.0030, HTSUS, which provides for knives having other than fixed blades: pen knives, pocket knives and other knives which have folding blades. The rate of
duty will be 3¢ ea. + 5.4% ad valorem.
The applicable subheading for the stainless steel foil cutters of items A038GA00732 and A038GA00735, and the plastic/stainless steel foil cutters of items A038GA00734 and A038GA00736, will be 8214.90.9000, HTSUS, which provides for other articles of cutlery (for example, hair clippers, butchers’ or kitchen cleavers, chopping or mincing knives); manicure or pedicure sets and instruments (including nail files); base metal parts thereof: other: other (including parts). The rate of duty will be 1.4¢ ea. + 3.2% ad valorem.
The applicable subheading for the liquid display wine thermometer of items A038GA00732, A038GA00735 and A038GA00736 will be 9025.11.4000, HTSUS, which provides for thermometers and pyrometers, not combined with other instruments: liquid-filled, for direct reading: other than clinical. The rate of duty will be free.
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).
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 Forkan at (646) 733-3025.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division