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NY 888139




August 10,1993

CLA-2-39:S:N:N6:343 888139

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. E. L. Lee
Incare Cargo Services
8402 Osage Avenue
Los Angeles CA 90045-4402

RE: The tariff classification of plastic food containers from Japan.

Dear Mr. Lee:

In your letter dated July 2, 1993, on behalf of Universal Trading Co., you requested a tariff classification ruling.

You have submitted a sample of an item, article UKW-147, which you call a lunch box. It does not, however, resemble what is conventionally considered a lunch box in the United States. The sample consists of three small plastic containers with snap-on lids. The two smaller containers sit on top of the larger one. All three are held together by another plastic piece which also contains a plastic fork. The item appears to be designed for a child to use. We cannot rule on articles UKW 145 and 146 without samples.

The applicable subheading for the food container will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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