CLA-2-85:RR:NC:MM:113 C88759

Mr. Vincent Vaiano

CargoTrans, Inc.

147-27 175th Street

Jamaica, NY 11434

RE: The tariff classification of a coffee grinder and a coffee maker from China

Dear Mr. Vaiano:

In your letter dated June 3, 1998, on behalf of DeLonghi America, Inc., you requested a tariff classification ruling.

The merchandise is a gift pack consisting of an electric coffee grinder, an espresso/cappuccino coffee maker and a frothing pitcher. The coffee grinder is the Model DCG2B, made of plastic and featuring a stainless steel grinding blade. The coffee maker is the Model BCO60 Caffé Capri Espresso/Cappuccino Coffee Bar. The frothing pitcher is the Model SP10 Frothing Pitcher, made of stainless steel, and used to froth milk for cappuccino. In the opinion of this office, the gift pack does not constitute a set for tariff purposes.

The applicable subheading for the electric coffee grinder will be 8509.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, food grinders, processors and mixers, food grinders and processors. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the

espresso/cappuccino coffee maker will be

8516.71.0060, Harmonized Tariff Schedule of

the United States (HTS), which provides for

other electrothermic appliances of a kind

used for domestic purposes, other

electrothermic appliances, coffee or tea

makers, coffee makers, other. The rate of

duty will be 4 percent ad valorem.

The applicable subheading for the frothing pitcher will be 7323.93.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles, of iron or steel, other, of stainless steel, cooking and kitchen ware, other, kitchen ware. The rate of duty will be 2.3 percent ad valorem.

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 Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division