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NY B86016




June 23, 1997

CLA-2-39:RR:NC:SP:222 B86016

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Rick Hicaro, Jr.
Smokeright. L.L.C.
55 West Monroe Street, Suite 910
Chicago, IL 60603

RE: The tariff classification of plastic ashtrays from China.

Dear Mr. Hicaro, Jr.:

In your letter dated May 28, 1997, you requested a tariff classification ruling.

You have submitted illustrations and pictures of Smokeright ashtrays and clip attachments. The ashtrays are uniquely designed products consisting of ports fitted into ashtrays or clips. The clips may be attached to existing ashtrays. These specialized ports serve to minimize smoke emitted from the end of a burning cigarette when it is placed in a port. While a cigarette is in the port, it suppresses cigarette smoke by reducing the cigarette's burn rate. Your letter of inquiry states that Smokeright products do not require air circulation to absorb or filter smoke and therefore do not utilize fans or filters, or require batteries or external power as other "smokeless" ashtrays do.

The applicable subheading for the Smokeright ashtrays will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other, other. The rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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