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NY L86466




August 11, 2005

CLA-2-39:RR:NC:SP:221 L86466

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.3000

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

RE: The tariff classification of plastic trays from China.

Dear Ms. Marcoux:

In your letter dated July 12, 2005, you requested a classification ruling.

The submitted illustrations are identified as Tuscan Chip & Dip Serving Tray, item number 51340, Fresh Herb Serving Tray, item number 51320, and S/2 Floral Serving Trays, item number 51310. These trays are all composed of 30 percent melamine and 70 percent urea plastics and are not recommended for microwave use.

The Tuscan Chip & Dip Serving Tray, item number 51340, features plums, pears and grape clusters against an ocher background. The tray is designed with four low compartments that can be filled with food items. This tray measures approximately 15 inches in diameter by 1-1/2 inches deep.

The Fresh Herb Serving Tray, item number 51320, is a sage green serving tray that features potted herbs including sage, coriander, comfrey and mint in the background. The tray has built-in handles on both ends to offer a secure and steady grip when serving food. This tray measures approximately 19 inches long by 13 inches wide by 1-1/4 inches high (including handles).

Item number 51310 identifies a set of two Floral Serving Trays that feature a chartreuse border with tropical flowers at the base of each individual well. The
compartments can be filled with food items. The larger tray measures 19-1/2 inches long by 7-1/4 inches wide by 1-1/2 inches high and has three compartments. The smaller tray measures 12 inches long by 6-3/4 inches wide by 7/8 inch high and has two compartments.

The applicable subheading for all of the plastic trays will be 3924.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Tableware, kitchenware, other household articlesof plastics: Tableware and kitchenware: Trays. The rate of duty will be 5.3 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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