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NY R03470




March 29, 2006

CLA-2-39:RR:NC:SP:221 R03470

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Mr. Troy Crago
Atico International (USA), Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of dessert cups from China.

Dear Mr. Crago:

In your letter dated March 16, 2006, you requested a tariff classification ruling.

A photograph was provided with your letter. The dessert cups (Item Number C038AA05721) are composed of polystyrene plastic. They are 5 inches in diameter and are packaged four to a retail pack in four colors: red, orange, lime and blue.

The applicable subheading for the dessert cups will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of 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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