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NY K86974




July 14, 2004
CLA-2-39:RR:NC:SP:221 K86974

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.0050

Ms. Dana Fithian
Scarbrough International, Ltd.
10841 Ambassador Drive
Kansas City, MO 64153

RE: The tariff classification of “Pucker Uppers” drinking straws from China.

Dear Ms. Fithian:

In your letter dated June 17, 2004, on behalf of Discovery Concepts, Inc., you requested a tariff classification ruling.

Photographs were provided with your letter. The Pucker Uppers are polycarbonate plastic drinking straws with funny plastic mouths at one end, so that the person drinking from the straw will appear to have cartoon-like lips, tongue, mustache or teeth.

The applicable subheading for the Pucker Upper drinking straws will be 3917.32.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses and fittings therefor (for example, joints, elbows, flanges) of plastics, other, not reinforced or otherwise combined with other materials, without fittings, other. The rate of duty will be 3.1 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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