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NY L85974

July 13, 2005

CLA-2-39:RR:NC:SP:221 L85974


TARIFF NO. 3917.32.0050

Ms. Irene Tsiavos
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of plastic drinking straws from China.

Dear Ms. Tsiavos:

In your letter dated June 21, 2005, you requested a classification ruling.

You have submitted five samples of plastic drinking straws, two red, one pink, one purple and one white. The straws are identified as item number 6348. A plastic component designed in the shape of four hearts fits over the individual straws. The heart decorations can be removed from the straws. Your letter of inquiry states that the straws are made of FDA approved polypropylene material.

  Your letter of inquiry states that the products will be marketed for festivities surrounding Valentine’s Day. However, these items are not associated with Valentine’s Day in any way. They are functional items that are not limited to use only on that day. Therefore, they are excluded from classification in Chapter 95 as festive articles.

The applicable subheading for the plastic drinking straws with plastic hearts will be 3917.32.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges) of plastics, other, not reinforced or otherwise combined with other materials, without fittings, other. The rate of duty will be 3.1 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.


Robert B. Swierupski

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