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NY F80484




December 27, 1999

CLA-2-39:RR:NC:SP:221 F80484

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the “Cool Gear Freezer Bottle” from China.

Dear Ms. Aldinger:

In your letter dated December 2, 1999, you requested a tariff classification ruling.

The Cool Gear Freezer Bottle is composed of plastics. The freezer bottle is a three-piece construction consisting of a bottle, cap and cooling unit. The bottle holds 22 ounces of liquid, and is approximately 7 ¼ inches in height by 2 ½ inches in diameter, narrowing slightly at the top. The plastic threaded cap has a pull-up spout. When the spout is pulled up, the beverage can be released from the bottle. When the spout is pressed down, the bottle is sealed. The cooling unit, which contains a gel, is cylindrical and measures approximately 5 ½ inches in height by 1 inch in diameter. The cooling unit is placed in a freezer approximately four hours before use. After the gel freezes, the cooling unit is snapped onto the lid and inserted into the bottle. The cooling unit then keeps the beverage cool.

The applicable subheading for the Cool Gear Freezer Bottle will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other, other. The rate of duty will be 3.4 percent ad valorem. The rate will remain unchanged in 2000.

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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