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NY L81567




January 19, 2005

CLA-2-39:RR:NC:SP:221 L81567

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Mr. Craig VerPault
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a plastic beverage tote from China.

Dear Mr. VerPault:

In your letter dated December 20, 2004, you requested a classification ruling.

The submitted sample is identified as a plastic beverage tote, item number 311389. It is composed of 100 percent polypropylene material. Your letter of inquiry states that the largest size of the plastic beverage tote is approximately 18 inches in diameter and approximately 8.5 inches deep. The oval-shaped plastic tote is designed with a built-in handle on each end. This product may be filled with ice and drinks and it can be used both indoors and outdoors.

The sample is returned as you requested.

The applicable subheading for item number 311389, the plastic beverage tote, 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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