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NY K82042




January 6, 2004
CLA-2-39:RR:NC:SP:221 K82042

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the “LED Martini Glass” from China.

Dear Ms. Aldinger:

In your letter dated December 16, 2003, you requested a tariff classification ruling.

A sample was provided with your letter. The Led Martini Glass (Item #935214) is an acrylic and polystyrene plastic martini glass with a battery operated blue LED light. The martini glass will be used to serve beverages.

The applicable subheading for the LED Martini Glass will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other tableware, kitchenware and other household articles of 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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