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May 10, 1999

CLA-2-39:RR:NC:SP:222 E80653

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.3000

Mr. Steven R. De Core
J. Fanok Services, Inc.
701 Penhorn Avenue
Secaucus, NJ 07094

RE: The tariff classification of plastic trays from China.

Dear Mr. De Core:

In your letter dated April 8, 1999, on behalf of your client Tristar Products, you requested a tariff classification ruling.

The submitted sample item number HY..1, is a Kitchen Club multi-rotary with tray. This article is composed of plastic. It is a set of four clear trays and two opaque trays, with a decorating holder and a rotamatic bowl. The trays are made with an extension on one end so they fit together. The trays are held in position by a small cylinder shaped piece of plastic that fits through the extended portion on one end. The trays can be used together by rotating each tray to a different position, or they can be used individually to serve, eat or store items. This product has no mechanical operations, the trays must be positioned manually.

The sample is returned as you requested.

The applicable subheading for the multi-rotary with tray will be 3924.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: trays. The 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. 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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