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NY L87244




October 3, 2005

CLA-2-39:RR:NC:SP:221 L87244

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Mr. Jeffrey Berman
Chesta Co., Inc.
93 W. Columbus Street
Pickerington, OH 43147

RE: The tariff classification of plastic tongs from China.

Dear Mr. Berman:

In your letter dated September 2, 2005, you requested a classification ruling.

The submitted sample, described as a chicken wing holder, consists of plastic tongs measuring approximately four inches long. No style number is indicated for this sample. The polystyrene tongs are manufactured by an injection molding process. This product is designed to hold chicken wings and other small food items so individuals do not need to hold these foods with their fingers. Your letter of inquiry states that the tongs will be sold in pairs and are made for one time use, although the consumer may use them again.

Your letter of inquiry further states that although the submitted sample is not marked with the country of origin, “China,” it will be marked in full compliance with the current marking rules upon importation.

The applicable subheading for the plastic tongs 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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