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NY L88791




November 18, 2005

CLA-2-39:RR:NC:SP:221 L88791

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Rosaria D’Angelo
Bax Global
896 Frelinghuysen Avenue
Newark, NJ 07114

RE: The tariff classification of the “Pasta Express” from China.

Dear Ms. D’Angelo:

In your letter dated November 1, 2005, on behalf of Tristar Products, you requested a tariff classification ruling.

A picture was provided with your letter. The Pasta Express is a canister designed to cook pasta without any external fuel source. It consists of a plastic container topped with a self-straining inner lid and a thermal outer lid. The container is cylindrical and shaped to hold pasta such as spaghetti or linguini. The pasta is placed in the container and then boiling water is added to cook the pasta. After the pasta has reached the desired tenderness the water is drained out of the canister through the holes in the straining lid.

The applicable subheading for the Pasta Express 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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