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NY C82066




December 19, 1997

CLA-2-39:RR:NC:SP:222 C82066

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.60; 3924.10.2000; 3924.10.3000; 3924.10.5000

Ms. Rosy Curbelo
Almacenes PITUSA, Inc.
Call Box 839
Hato Rey Station
San Juan, P. R. 00919-0839

RE: The tariff classification of plastic kitchenware from China.

Dear Ms. Curbelo:

In your letter dated November 24, 1997, you requested a tariff classification ruling.

You have submitted photo copies of five samples of plastic kitchenware. Item #H-38-I-0671 is a plastic wine glass measuring 3.5 inches in diameter and 7 inches high. Item #H-38-I-0675 is a plastic service tray measuring 16.5 inches by 12 inches. Item #H-38-I-0997 consist of plastic flexible drinking straws in several colors. Item #H-38-I-2301 is a plastic party tray made in a leaf design. Item #H-38-I-2303 is a 5 piece plastic party pack that includes 8 inch plates, 10 inch plates and a three piece cutlery set. These items are composed with a seawave design.

The applicable subheading for the plastic flexible drinking straws, will be 3917.32.60, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses and fittings thereof of plastics...not reinforced or otherwise combined with other materials, without fittings. The rate of duty will be 3.1 percent ad valorem.

The rate of duty will remain the same for 1998.

The applicable subheading for the plastic party pack, item #H-38-I-2303, will be 3924.10.2000, HTS, which provides for tableware, kitchenware, other household articles...of plastics; tableware and kitchenware: plates...serving dishes and platters. The rate of duty will be 6.7 percent ad valorem.

The rate of duty will be 6.6 percent ad valorem for 1998.

The applicable subheading for the both of the plastic trays mentioned above will be 3924.10.3000, HTS, which provides for tableware, kitchenware, other household articles...of plastics; tableware and kitchenware: trays. The rate of duty will be 5.3 percent ad valorem.

The rate of duty will remain the same for 1998.

The applicable subheading for the plastic wine glasses will be 3924.10.5000, HTS, which provides for...other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The rate of duty will remain the same for 1998.

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,

Robert B. Swierupski
Director,

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