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NY D83189




November 5, 1998

CLA-2-39:RR:NC:SP:222 D83189

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 10048

RE: The tariff classification of plastic cups with straws from China.

Dear Mr. August:

In your letter dated October 2, 1998, you requested a tariff classification ruling.

You have submitted two samples. The first sample is identified as style #6335, heart shaped drinking cup. The cup is made of molded plastic with a cut-out heart shape in the middle. The screw on top has an opening for the flexy, stretchy built in plastic straw. The heart shaped cup will be packaged in a polybag with a header.

The second sample is identified as style #3336, bunny/duck drinking cup. The plastic cup is a three dimensional figure of a bunny head or duck head. The screw on top has an opening for the flexy, stretchy plastic straw. This article will be packaged in a polybag with a header. Both drinking cups can be used in and around the kitchen or outside of the home.

The applicable subheading for both of the above mentioned samples 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,

Robert B. Swierupski
Director,

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