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NY G85687




January 29, 2001

CLA-2-39:RR:NC:SP:222 G85687

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Ms. Angel Hui
Concept 3 LTD.
330 Madison Avenue, 12/F, Suite 1278
New York, NY 10017

RE: The tariff classification of a plastic bottle from China.

Dear Ms. Hui:

In your letter dated December 21, 2000, you requested a tariff classification ruling.

The submitted sample is identified as a plastic bottle item #C3-50774. The bottle measures approximately 2-1/2 inches in diameter and approximately 5-3/4 inches in height. It has a snap-on plastic lid that is designed with a plastic drinking straw. The plastic bottle is of a class or kind that is used principally in and around the home.

You also questioned whether this plastic bottle would be subject to countervailing or antidumping duties.

Many products are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

The applicable subheading for the plastic bottle will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: tableware and kitchenware: 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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