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NY K88742





August 31, 2004
CLA-2-39:RR:NC:SP:221 K88742

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.2000

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive, P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of plastic fruit plates and plastic pizza plates from China.

Dear Ms. Marcoux:

In your letter dated August 16, 2004, you requested a tariff classification ruling.

Pictures were provided with your letter. Sku #27540 is a set of four plastic serving plates in the shape of various fruits. The plates are in the shape of an apple, an orange, a strawberry and a grape cluster. Sku #27570 consists of six triangular-shaped polypropylene plastic plates, each shaped like an individual slice of pizza and sized to fit an individual slice of pizza. The plates can be arranged together to simulate one large circular plate that resembles a pizza pie.

The applicable subheading for the fruit plates and pizza plates will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: table 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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