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NY R01526

March 24, 2005

CLA-2-39:RR:NC:SP:221 R01526


TARIFF NO. 3924.10.4000

Mr. Troy D. Crago, CHB
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a plastic snack dispenser from China.

Dear Mr. Crago:

In your letter dated February 22, 2005, you requested a classification ruling.

The submitted illustration depicts a plastic Sports Series Dispenser identified as item number W038IA04042. The dispenser measures 8-3/4 inches high. It can be used to dispense gumballs, candy, cereal or pet foods. The dispenser is composed of two parts that consist of a basketball globe top and a base stand. Both parts are designed to interlock together with an on/off twist. The on/off twist top allows for easy refills of the globe ball. The plastic stand is made with a circular base to be placed on a mantle, shelf or table. The stand incorporates a metal flap on the front, allowing gravity to force contents through the flap. When the dispenser flap is lifted a specific amount of gumballs, candy, cereal or pet food is released from the globe top. The dispenser flap returns to a closed position when released. No coins are required to operate the dispenser.

The applicable subheading for the plastic dispenser will be 3924.10.4000, 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.

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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