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NY C85465




April 2, 1998

CLA-2-39:NEW:TCB II:G19-C85465

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Ms. Cindy Hazlett
Applause Inc.
6101 Variel Avenue
P. O. Box 4183
Woodland Hills, CA 91365-4183

RE: The tariff classification of a plastic Tweety commuter mug set from China.

Dear Ms. Hazlett:

In your letter dated March 13, 1998, you requested a tariff classification ruling.

The sample that has been submitted with your ruling request, the Tweety commuter mug set, product number 41398, consists of a travel mug composed of molded plastic and a lid that screws on to prevent spills with an opening for beverage consumption. The mug is decorated on two sides with the popular cartoon figure, "Tweety". The applicable subheading for the plastic Tweety commuter mug set will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for: tableware, kitchenware, other household articles...of plastics. The duty rate will be 3.4 percent ad valorem.

Importations of this merchandise may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered trademark recorded with the Customs Service.

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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