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NY L88311




November 15, 2005

CLA-2-39:RR:NC:SP:221 L88311

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Mr. Dimitrios Diotis
Koslento Food Service Inc.
11 Wright Street
Iselin, NJ 08830

RE: The tariff classification of a plastic cigarette ashtray from China.

Dear Mr. Diotis:

In your letter dated October 11, 2005, you requested a classification ruling.

The submitted illustration depicts a cigarette saver ashtray molded of melamine plastic. The ashtray is designed with snuffer cavities to extinguish cigarettes quickly, neatly and easily by depriving oxygen. The snuffer cavities are intended to reduce unnecessary second hand smoke. The smoker can re-light the cigarette after tilting and twisting the cigarette in the cylindrical snuffer cavity to remove the extinguished carbon tip.

The applicable subheading for the plastic cigarette ashtray will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: 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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