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NY I80438




April 29, 2002

CLA-2-39:RR:NC:SP:222 I80438

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.2000

Ms. Leigh Wang
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a five-piece plastic dinnerware set from China.

Dear Ms. Wang:

In your letter dated March 22, 2002, you requested a classification ruling.

The submitted sample is identified as “Woody Round-Up”, a five-piece plastic dinnerware set. The set consists of one rimmed plastic plate, one rimmed bowl, both made of 100% melamine, one fork, one spoon, both made of stainless steel with plastic handles, and one plastic tumbler. All five pieces are printed with a cartoon-like character and the word “Woody”. The set is intended for a child to eat with and not for use as a toy. The five-piece dinnerware set is packaged together in a cardboard window box for retail sale.

The sample is returned as you requested.

The applicable subheading for the “Woody Round-Up” child's five piece plastic dinnerware set will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics, tableware and kitchenware, plates, cups, saucers, soup bowls, cereal bowls, sugar bowls, creamers, gravy boats, serving dishes and platters. The rate of duty will be 6.5 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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