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NY D80147

August 10, 1998

CLA-2-39:RR:NC:SP:222 D80147


TARIFF NO.: 3924.10.5000

Ms. Kimberly Fathauer

A. W. Fenton Company, Inc.

P. O. Box 360614

Columbus, OH 43236-0614

RE: The tariff classification of plastic cookie cutters from China.

Dear Ms. Fathauer:

In your letter dated July 13, 1998, you requested a tariff classification ruling.

The submitted sample is identified as plastic cookie cutters, item #12722161. The orange cookie cutters are in the shape of a bat and a jack-o-lantern. The bat shaped cookie cutter is approximately 5-1/2 inches wide and 3-1/2 inches long. The pumpkin shaped jack-o-lantern cookie cutter is approximately 6 inches wide and 4-1/2 inches long. Both of these items have a width of 1/2 inch. These items will be used to make cut out cookies.

Even though these items will probably be used during the Halloween season, they are not three dimensional representatives
of recognized Halloween motifs and are not considered festive articles.

The samples are returned as you requested.

The applicable subheading for the plastic cookie cutters, will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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 Alice Masterson at 212-466-5892.


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