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NY R02301




August 12, 2005

CLA-2-39:RR:NC:N2:221 R02301

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

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

RE: The tariff classification of a plastic ice cream cup from China.

Dear Mr. Crago:

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

A picture was provided with your letter. The product (Item Number W038AA03055) is a 12.5-ounce ice cream cup composed of polypropylene plastic. The cup measures 3 1/2 inches in diameter by 6 5/8 inches in height. The ice cream cup is available in four colors: lime, blue, magenta and aqua.

The applicable subheading for the plastic ice cream cups 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.

Sincerely,

Robert B. Swierupski
Director,

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