CLA-2-73:RR:NC:N1:113 K88214

Ms. Joanne Harmon
CVS/pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a chocolate treat maker from China.

Dear Ms. Harmon:

In your letter dated August 5, 2004, you requested a ruling on tariff classification.

The sample you provided is the Gourmet Trends Chocolate Express, item 275234. The set includes a steel double boiler, plastic molds, plastic utensils, plastic storage bags and ties. The set is used to make chocolate candies and chocolate covered treats at home.

The applicable subheading for this product will be 7323.99.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, other, not coated or plated with precious metal, other, cookingware. The general rate of duty will be 5.3 percent ad valorem.

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

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division