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NY K87319




July 19, 2004
CLA-2-39:RR:NC:SP:221 K87319

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Ms. Deanna Frazier
Aries International, Inc.
2200 Secaucus Road
North Bergen, NJ 07047

RE: The tariff classification of a gumball machine style snack dispenser from China.

Dear Ms. Frazier:

In your letter received in this office on June 23, 2004, on behalf of your client RMK Sales Inc., you requested a classification ruling.

The submitted sample is a plastic snack dispenser identified as Sports Gumball Machine, part number GBBB1. The gumball machine measures 9 inches high. It can be used to dispense gumballs, candy, peanuts or similar snacks. The gumball machine is composed of two parts, a sports ball shaped globe top and a base stand. Both parts are designed to interlock together with an on/off twist. The on/off twist top allows for easy refills of the globe ball. The orange and black plastic globe top is made in the shape of a basketball. The black plastic stand is made with a circular base to be placed on a mantle, shelf or table. The stand incorporates a dispenser with a spring mechanism. When the dispenser lever is pressed downward a specific amount of gumballs, candy or peanuts is released from the globe top. The dispenser lever returns to a closed position when released. No coins are required to operate the dispenser.

The sample is returned as you requested.

The applicable subheading for the plastic gumball machine snack dispenser 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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