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NY J86348




July 2, 2003

CLA-2-39:RR:NC:SP:221 J86348

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of plastic food picks from China.

Dear Ms. Santos:

In your letter dated June 13, 2003, you requested a classification ruling.

The submitted sample is a package of party picks, item number 243872. This product consists of 40 plastic party picks blister packed in clear plastic with a header card. The picks measure approximately 3” long. They are designed to look like tiny swords. The picks will be used at parties with appetizers or other types of food. The picks are functional items not specifically associated with a holiday or a party.

The sample is returned as you requested.

The applicable subheading for the plastic picks will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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