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NY I86116




October 1, 2002

CLA-2-39:RR:NC:SP:222 I86116

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.2000

Mr. Simon Lonstein
Trimax USA, LLC
6960 Hyde Park Drive #30
San Diego, CA 92119

RE: The tariff classification of a plastic picnic set from China.

Dear Mr. Lonstein:

In your letter dated August 29, 2002, you requested a classification ruling.

The submitted sample is identified as a plastic picnic set that contains 45 pieces. The blue colored set with a matching case includes 1 chopping board, 1 large plate, 6 plates, 6 bowls, 6 cups, 6 forks, 6 spoons, 6 knives and 6 tumblers. The picnic set is microwavable and dishwasher safe.

The submitted set meets the qualifications of "goods put up in sets for retail sale". The components of the set consist of different items that are classifiable in different headings. They are put up together to meet a particular need or carry out a specific activity, and they are packed together in a matching snap-lock plastic case for sale directly to users without repacking. The plates, bowls and cups impart the essential character of the set.

The applicable subheading for the plastic picnic set with a plastic case will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: plates, cups, saucers, soup bowls, cereal bowls, sugar bowls, creamers, gravy boats, serving dishes and platters. The rate of duty will be 6.5 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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