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NY F84271

April 5, 2000

CLA-2-39:RR:NC:SP:222 F84271


TARIFF NO.: 3917.32.6050; 3924.10.5000

Mr. Orlando Rodriguez
Almacenes PITUSA
P. O. Box 839
Hato Rey Station
San Juan, PR 00919-0839

RE: The tariff classification of plastic articles from China.

Dear Mr. Rodriguez:

In your letter dated March 3, 2000, you requested a tariff classification ruling.

You have submitted photocopies of four samples made of plastic. Sample no. 1 is packages plastic drinking straws identified as item #C-38-R-0462. Each package contains 75 flexible drinking straws in assorted colors: purple, yellow, blue and green.

Sample no. 2, identified as item #H-38-I-3817, is 16 ounce plastic cups with lids and straws included. The plastic cups are available in assorted colors: blue, pink, green & orange with white. The words, “Drink-Mate 16 oz” is imprinted on the side of the cups.

Sample no. 3 is identified as item #H-38-R-1456. These are 22 ounce insulated plastic mugs. The mugs are available in assorted pastel colors: orange, purple, green, pink, aqua and blue.

Sample no. 4, identified as item #H-38-R-1454 is a plastic ice bucket with a lid. The ice bucket is available in assorted colors: blue, teal and orange.

The applicable subheading for the packages of plastic flexible drinking straws will be 3917.32.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hosesnot reinforced or otherwise combined with other materials, without fittings, other. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the 16 ounce cups with straws, 22 ounce mugs and the ice bucket all made of plastic, will be 3924.10.5000, 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.

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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