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NY I84720




August 16, 2002

CLA-2-39:RR:NC:2:222 I84720

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.3000

Mr. Mark F. Weisbrod
BMP Ltd. Suite 210
111 Water Street
Vancouver, BC, V6B 1A7
Canada

RE: The tariff classification of the “Cool Tray” food-serving platter from China.

Dear Mr. Weisbrod:

In your letter dated July 19, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a “Cool Tray” food-serving platter. The product is an acrylic plastic serving tray that holds three standard freezer packs in a recessed area in the top center of the tray. The freezer packs are slightly recessed so that serving platters or plates can rest easily on them. The freezer packs serve to chill the serving dishes, thus keeping food fresher for a longer time. It is designed for use on tables to keep food cooler for longer periods. The tray measures 14 inches in length, 10 ½ inches in width and 1 ½ inch in depth. The tray and freezer packs are considered a GRI 3 (b) set with the essential character imparted by the acrylic tray. Therefore, the entire set will be classified as if it consisted of the tray alone in Chapter 39 of the HTSUSA as plastic trays. Detailed illustrations were submitted, in lieu of a sample.

The applicable subheading for the “Cool Tray” food-serving platter will be 3924.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: tableware and kitchenware: trays. The rate of duty will be 5.3 % 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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