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NY N012423




July 6, 2007

CLA-2-39:RR:E:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

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

RE: The tariff classification of biodegradable plastic knives, spoons and forks from China.

Dear Mr. Crago:

In your letter dated June 6, 2007, you requested a tariff classification ruling.

The submitted illustrations depict biodegradable plastic spoons and forks. Although your letter of inquiry also includes biodegradable plastic knives, illustrations were not submitted for this item.

The biodegradable plastic spoons are identified as item number A038IA01009. The plastic spoons are composed of 65 percent corn starch and 35 percent polypropylene material. They will be packaged 50 pieces together for retail sale.

The biodegradable plastic forks are identified as item number A038IA01010. The plastic forks are composed of 65 percent corn starch and 35 percent polypropylene material. They will be packaged 50 pieces together for retail sale.

The biodegradable knives are identified as item number A038IA01011. The plastic knives are composed of 65 percent corn starch and 35 percent polypropylene material. They will be packaged 50 pieces together for retail sale.

The applicable subheading for the biodegradable plastic spoons, forks and knives 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 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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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