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NY G83029





October 17, 2000

CLA-2-39:RR:NC:SP:221 G83029

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000

Mr. Ken Davidov
Coda International Ltd.
25 Wheeler Avenue
Pleasantville, NY 10570

RE: The tariff classification of the “Spoon-In-The-Lid” from China.

Dear Mr. Davidov:

In your letter dated October 3, 2000, you requested a tariff classification ruling.

A sample was provided with your letter. The Spoon-In-The-Lid is a combination plastic lid and removable plastic spoon covered with a plastic film. This product will be used in the packaging of products such as yogurt, applesauce, ice cream and pudding. The cup, which is not imported with this product, will be sealed by a combination of aluminum or plastic film (also not imported with the Spoon-In-The Lid) and the Spoon-In-The-Lid and its plastic film.

The applicable subheading for the Spoon-In-The-Lid will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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