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NY F82977

March 8, 2000

CLA-2-39:RR:NC:SP:222 F82977


TARIFF NO.: 3924.10.5000

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

RE: The tariff classification of plastic server utensils from China.

Dear Ms. Aldinger:

In your letter dated February 7, 2000, you requested a classification ruling.

The submitted sample is identified as item #993332, a Skeleton Server. The skeleton server tongs resemble skeleton hands. They are made of plastic and measure eleven inches in length. Your letter of inquiry states that another style identified as pumpkin shaped server tongs will be imported. Without a sample we can not rule on the pumpkin shaped server tongs.

The applicable subheading for the skeleton server tongs will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenwareof 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 212-637-7090.


Robert B. Swierupski

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