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NY M84727

July 26, 2006

CLA-2-63:RR:NC:SP:221 M84727


TARIFF NO.: 6307.90.9889

Ms. Nikki Adams
The Coleman Company, Inc.
3600 N. Hydraulic 2111 E. 37th North
Wichita, KS 67219

RE: The tariff classification of a suction drink base and an insulated drink holder with a suction base from China.

Dear Ms. Adams:

In your letter dated June 23, 2006, you requested a tariff classification ruling.

Two samples were provided with your letter. Item LS-002, identified as the “L’il Sucker®”, is a disk with a hole in the middle that suctions a drink to a flat surface such as a table or countertop. The disk is composed of cellular neoprene rubber laminated to a textile fabric composed of either nylon or polyester. The fabric is printed in multiple locations with a company logo. Cellular rubber laminated to printed textile fabric is considered to be rubberized textile fabric for tariff classification purposes. The disk has an outside diameter of 4 3/8 inches and a thickness of 1/8 inch. The hole in the center can be stretched up to 3 inches to insert a can, bottle, cup or glass. The disk with the drink can then be suctioned to any smooth, non-porous surface to prevent spilling.

You suggest that the LS-002 L’il Sucker disk is classified in heading 5906, as rubberized textile fabric. However, the product is not a fabric but a made up article.

The applicable subheading for the LS-002 L’il Sucker disk will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You also requested a ruling for Item LS-006, which is an insulated drink holder with a L’il Sucker disk glued to the bottom. The insulated drink holder portion is manufactured of a cellular nitrile/PVC blend. It is cylindrical with a diameter of approximately 3 ¼ inches and a height of approximately 4 inches. A can, glass or bottle can be placed inside the insulated drink holder to maintain the temperature of the beverage. The L’il Sucker disk glued to the bottom prevents the beverage from spilling.

We need additional information to issue a ruling for Item LS-006. Provide a weight breakdown showing the percentage of nitrile versus the percentage of PVC. In addition, provide a cost breakdown showing the cost of the attached L’il Sucker disk versus the cost of the nitrile/PVC cylindrical holder. The samples will be held on file in this office for 90 days from the date of this ruling.

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 on the L’il Sucker disk, contact National Import Specialist Mitchel Bayer at 646-733-3102. If you have any questions regarding the need for additional information for the insulated drink holder, contact National Import Specialist Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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