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NY N006924




March 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Mr. LiPing Ching
550 Shannon Way #6215
Redwood City, CA 94065

RE: The tariff classification of biodegradable utensils from China

Dear Mr. Ching:

In your letter dated February 12, 2007, you requested a tariff classification ruling.

The items described in your letter are eating utensils, i.e., forks, spoons, knives and chopsticks, made from biodegradable plastics derived from starch, a natural polymer. The material is also referred to as “bio-plastics.”

The applicable subheading for the biodegradable utensils will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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.

Sincerely,

Robert B. Swierupski
Director,

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