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NY L86892




August 30, 2005

CLA-2-39:RR:NC:SP:221 L86892

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Ms. Francine Marcoux
Hampton Direct
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic soda can dispenser from China.

Dear Ms. Marcoux:

In your letter dated August 5, 2005, you requested a classification ruling.

You have submitted illustrations depicting a plastic soda can dispenser identified as item number 50420. The dispenser is made of polyvinyl chloride (PVC) plastic material. This space saving dispenser is used to store canned soft drinks in the refrigerator, in a cabinet or on a shelf. As one can is taken out another rolls down to take its place. The dispenser holds up to ten cans. It measures approximately 15 inches long by 5-1/8 inches wide by 4-3/8 inches high.

The applicable subheading for the plastic soda can 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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