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NY H88300




February 28, 2002

CLA-2-48:RR:NC:SP:234 H88300

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.70.0000

Ms. Stephanie Hoi
Garpo (USA) Co. Ltd.
1655 North Fort Myer Dr., Suite 700
Arlington, VA 22209

RE: The tariff classification of disposable fast-food dinnerware, made of sugar cane pulp, from China.

Dear Ms. Hoi:

In your letter dated February 20, 2002, you requested a tariff classification ruling.

Samples of disposable, biodegradable plates (dishes) and “clamshell”-style boxes for fast-food packaging were submitted for our examination. We understand, based on the appearance of the samples, your description and accompanying literature, that these products are molded from pulp consisting of cellulosic fibers obtained from sugarcane plants (presumably stalk and/or leaf material). The items also are said to contain agents (additives) that resist water and oil.

The applicable subheading for the above-described disposable dinnerware will be 4823.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for molded or pressed articles of paper pulp. The rate of duty will be free.

This merchandise may be subject to regulations administered by the U.S. Food and Drug Administration (FDA). You may contact that agency at 5600 Fishers Lane, Rockville, MD 20857, telephone (301) 443-6553.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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