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NY M86492





September 22, 2006

CLA-2-39:RR:NC:SP:221 M86492

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000; 8413.20.0000

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

RE: The tariff classification of a plastic pitcher and tumbler set and a bottled water pump from China.

Dear Ms. Ramsey:

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

A picture of style 57390, watermelon pitcher & tumbler set, was included with your letter. The set includes a 2-quart plastic pitcher and four 4-ounce plastic tumblers. The pitcher and tumblers have a sliced watermelon motif printed on them.

A sample of style 57410, a bottled water pump, was provided with your letter. It is a plastic hand operated pump designed to fit onto a 5-gallon water bottle. The water bottle itself is not included. The product allows the user to manually pump water from reverse osmosis water bottles without the need for a dispenser. The pump is made of polypropylene and includes two tube sections that fit from the pump to the bottom of the water container. When the pump is pressed, the water is drawn up by vacuum action through the tubing and out of a third tube section that dispenses the liquid into a drinking cup. The pump is imported with a wire/nylon cleaning brush.

The applicable subheading for the watermelon pitcher and tumbler set will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the bottled water pump set, including the tube sections and the cleaning brush, will be 8413.20.0000, HTSUS, which provides for hand pumps for liquids, other than those with a measuring device. The rate of duty will be free.

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.

Sincerely,

Robert B. Swierupski
Director,

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