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NY M86428

September 29, 2006

CLA-2-39:RR:NC:SP:221 M86428


TARIFF NO. 3923.50.0000; 3924.10.4000

Ms. Francine Ramsey
Hampton Direct, Inc.
P. O. Box 1199
Williston, VT 05495

RE: The tariff classification of plastic articles from China and Vietnam.

Dear Ms. Ramsey:

In your letter dated August 28, 2006, you requested a classification ruling.

The submitted illustrations depict a set of four Handy Cup Caps, item number 56520, a Creative Ice Stick Mold, item number 56400, and a Creative Ice Spoon Maker, item number 56320.

Item number 56520, the Handy Cup Caps, consists of four polypropylene lids designed to keep sand and insects out of beverages served at a beach or picnic. The center hole in each cap accommodates a standard size sipping straw. The raised dots under the cap help to keep it in place on the cup or glass. Each cap measures approximately 4 inches in diameter. The caps are made in China.

Item number 56400, the Creative Ice Stick Mold, consists of a mold made out of silicone plastic and three stir sticks made out of polypropylene plastic. The mold has one cavity in the shape of a string of diamonds, one cavity in the shape of a string of hearts and one cavity in the shape of a string of stars. The polypropylene sticks are laid in the molds and the cavities are filled with water to create uniquely shaped ice sticks for cooling and stirring beverages. The molds can be filled with carbonated beverages instead of water to add a little “spritz” to summer drinks. The tray measures approximately 8-1/8 inches long by 4-1/4 inches wide by 3/4 inch high. The stir sticks measure 7-1/4 inches long by 3/4 inch wide. The ice stick mold and stir sticks are made in China.

Item number 56230, the Creative Ice Spoon Maker, is a mold with two spoon shaped cavities. The mold is composed of polypropylene and a thermoplastic elastomer. It can be filled with liquids such as water, tea, lemonade or fruit juice to form spoon-shaped ice for stirring beverages. The spoon maker mold measures approximately 9-1/4 inches long by 3-1/4 inches wide by 5/8 inch high and makes two 8-1/4 inch spoons. The ice spoon mold is made in Vietnam.

The applicable subheading for the plastic ice stick mold and the plastic ice spoon mold will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: other. The general rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic cup caps will be 3923.50.0000, HTSUS, which provides for stoppers, lids, caps and other closures, of plastics. The general rate of duty will be 5.3 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/.

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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