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NY R04736




September 14, 2006

CLA-2-39:RR:E:NC:SP:221 R04736

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.40000

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

RE: The tariff classification of the “Beverage Tower” from China.

Dear Mr. Crago:

In your letter dated August 24, 2006, you requested a tariff classification ruling.

The Beverage Tower is a countertop beverage dispenser with a hand-operated spigot at the bottom. The dispenser is composed of plastics and is available in two sizes. Item A014AA00081 has a capacity of 4 liters. Item A014AA00082 has a capacity of 2 liters. The dispenser consists of a clear plastic cylindrical beverage container with capacity markings on the outside. The dispenser sits on top of a plastic base. A narrow cylindrical tube sits inside the beverage container. This tube can be filled with ice to provide cooling for the beverage without coming in contact with the beverage and diluting it. The dispenser is non-electrical. A hand-operated spigot valve is used to dispense the beverage.

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