NY a86157: The tariff classification of smoker boxes from China

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A86157

                         August 14, 1996

CLA-2-73:RR:NC:GI:113 A86157

CATEGORY:  Classification

TARIFF NO.: 7323.91.5000

Ms. Crystal L. Osborne
Alfred H. Marzolf, Inc.
157 Yesler Way, Suite 605
Seattle, WA 96104

RE:  The tariff classification of smoker boxes from China

Dear Ms. Osborne:

     In your letter dated July 30, 1996, on behalf of Sunbeam Leisure Products, you
requested a tariff classification ruling.

     The merchandise is the Sunbeam Smoker Box. The box is made of cast iron,
measuring 7 3/4 inches by 4 3/4 inches by 1 3/4 inches. In use, the box is filled with
wood chips and placed on the briquette rack of a charcoal or gas barbecue. The
smoldering of the wood chips gives the food a wood-smoked flavor.  The item per se
is not a cooking device, nor is it necessary to the operation of the barbecue. 

     The applicable subheading for the smoker box will be 7323.91.5000,
Harmonized Tariff Schedule of the United States (HTS), which provides for table,
kitchen or other household articles, of iron or steel, of cast iron, other . The rate of
duty will be 5.3 percent ad valorem.   

     We note that the retail box for the item is not legally marked with the country
of origin. The box has the United States address of the retailer on the bottom of the
box with the words "Manufactured in China"in close juxtaposition, but considerably
smaller size. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in
any case in which the words "United States," or "American," the letters "U.S.A.," any
variation of such words or letters, or the name of any city or locality in the United
States, or the name of any foreign country or locality other than the country
or locality in which the article was manufactured or produced, appears on an imported
article or its container, there shall appear, legibly and permanently, in close proximity
to such words, letters, or name, and in at least a comparable size, the name of the
country of origin preceded by "Made in," Product of," or other words of similar
meaning. 
 
     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,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division