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NY M84975




July 18, 2006

CLA-2-39:RR:NC:SP:221 M84975

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Ms. Judy L. Sucharitakul
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301

RE: The tariff classification of a plastic food storage container from Switzerland.

Dear Ms. Sucharitakul:

In your letter dated June 29, 2006, on behalf of your client Arif Merchant, dba Sana Enterprises, you requested a classification ruling.

The submitted sample is a plastic food storage container known as Butterdose Cool & Fresh. It is designed like a butter dish with a capacity to store two sticks of butter or a block of cream cheese. The top lid that fits over the base is clear so that the food inside is visible. The base is constructed with two layers to fit a freezer gel pack inside. The bottom layer is fashioned like a tray and holds a gel back in the compartment. The top layer of the butter dish base snaps onto this tray and covers the gel pack. When the gel pack is frozen and placed inside the base compartment, it helps keep the food inside the container cool and fresh while it is outside the refrigerator. The food storage container and gel pack comprise a set for tariff purposes. The essential character of the set is imparted by the food storage container.

You inquired if this food storage container with the gel pack would require Food and Drug clearance. This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332.

The applicable subheading for the plastic food storage container with gel pack 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 HTSUS 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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