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NY F82948

March 8, 2000

CLA-2-39:RR:NC:SP:222 F82948


TARIFF NO.: 3924.10.5000; 3924.90.5500

Mr. Kevin Egan
E. Bessler & co.
115 Martin Lane
Elk Grove Village, IL 60007

RE: The tariff classification of baby products from England and a double bottle thermal carrier from Malaysia.

Dear Mr. Egan:

In your letter dated February 1, 2000, on behalf of your client Avent Corp. America, Inc., you requested a classification ruling.

You have submitted one sample of a double thermal bottle carrier and four samples of sets of baby products that will be packaged prior to importation into the commerce of the United States in “sets” ready for retail sale. Each set will be packaged in a cardboard box depicting the contents inside. The box will be wrapped and sealed with clear plastic.

Item number 400 is an “All-In-One Starter Set”. The set consists of 2-9 ounce plastic feeding bottles with newborn nipples, 2-disposable plastic feeding bottles with newborn nipples, 20 pre-sterilized plastic disposable bottle liners, a plastic bottle brush and 2-newborn pacifiers.

Item number 401 is identified as an “Infant Nurser Feeding Set”. The contents include 2-disposable plastic nursers, 40 pre-sterilized plastic liners and 4-newborn nipples and nipple travel packs.

Item number 407 is identified as a “Disposable Bottle Starter Set”. This set includes 2-disposable plastic feeding bottles, 80 pre-sterilized plastic disposable bottle liners, 2-newborn nipples, nipple travel packs and a newborn pacifier.

Item number 400 is a “Newborn Starter Set”. The contents include 2-4 ounce plastic feeding bottles with newborn nipples, a plastic bottle brush, a plastic bottle assembly tong and 2-9 ounce plastic feeding bottles with newborn nipples.

Item number 145 is a Double Thermal Carrier. It is an insulated bag designed to carry two baby bottles. The carrier is constructed of a molded plastic double wall interior and an exterior composed of two layers of plastic sheeting with a thin inner layer of foam. A plastic carrying handle is affixed to the top and a zipper closure. This thermal carrier is intended for use with babies’ bottle. A very similar thermal carrier was ruled upon in U. S. Customs Headquarters Ruling Letter 962040 of October 21, 1998.

“The cooler is chiefly used to maintain beverage at a desired temperature over a period of time”. (SGI, INC. v United States).

The submitted sets meet the qualifications of "goods put up in sets for retail sale". The components of the sets consist of different articles which are, prima facie, classifiable in different headings. They are put up together to meet a particular need or carry out a specific activity, and they are packed together in a cardboard box and wrapped with clear plastic for sale directly to users without repackaging. The plastic baby bottles impart the essential character of the sets.

The applicable subheading for the double bottle thermal carrier will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the four sets of baby products will be 3924.90.5500, HTS, which provides forother household articlesof plastics: other, 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 212-637-7090.


Robert B. Swierupski

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