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NY L89281




January 12, 2006

CLA-2-39:RR:NC:SP:221 L89281

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

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

RE: The tariff classification of a plastic apple baker set from Taiwan.

Dear Ms. Marcoux:

In your letter dated December 16, 2005, you requested a classification ruling.

You have submitted illustrations depicting samples of a microwavable apple baker set identified as item number 51140. This set includes two apple bakers and an apple corer with a core ejector. The apple-shaped bakers are made of dishwasher-safe plastic and cook apples in 3 to 5 minutes. Each baker measures approximately 4½ inches long by 4½ inches wide by 4 inches high. The vented lid allows air to circulate and steam to escape. The bottom of the apple baker has a ½ inch prong that holds the apple firmly in place while it bakes. The corer and core ejector are made entirely of plastics.

The applicable subheading for the plastic apple baker set will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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