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PD B82619

March 27, 1997

CLA-2-39:NEW:TCB II:G19-B82619

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. Corey Klestadt
Trans-World Shipping Corporation
53 Park Place
New York, NY 10007

RE: The tariff classification of a plastic drinking cup with straw from China.

Dear Mr. Klestadt:

In your letter dated March 3, 1997, you requested a tariff classification ruling on behalf of Primex Innovations, Inc.

The sample that has been submitted with your ruling request consists of a molded plastic drinking cup resembling a green witch's head with a removable cone cover in the shape of a black witch's hat that has a small hole on top through which a flexible plastic straw has been inserted. The witch is wearing a removable pair of miniature fake sunglasses with the word "Malibu" printed on each lens.

The applicable subheading for the plastic drinking cup and straw when imported together will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: other. The duty rate will be 3.4 percent ad valorem.

The word "Malibu" is a registered trademark recorded with the U. S. Customs Service. Questions regarding recorded trademarks may be directed to the Office of Regulations and Rulings, U. S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229.

In your letter, you do not inquire about country of origin marking. However, the marking on the sample you submitted is not conspicuous and therefore would not be considered legally marked by this office. If you need more information about marking, please contact your local Field Import Specialist or National Import Specialist Alice R. Masterson at (212)466-5892.

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,

Kathleen M. Haage
Area Director

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