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NY N012316




June 27, 2007

CLA-2:39:RR:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Mr. Gordon C. Anderson
C. H. Robinson Worldwide, Inc.
14800 Charlson Road
Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification of a plastic protein shaker from China.

Dear Mr. Anderson:

In your letter dated May 25, 2007, on behalf of your client Ideas In Action Inc., you requested a tariff classification ruling.

The submitted sample is identified as a “Protein Shaker”. No style number was indicated for this product. This item is a plastic tumbler that has two separate detachable compartments. The bottom compartment is the tumbler itself, and it is designed on both sides with measuring marks, delineated in ounces. It is doubled walled with a layer of gel which freezes when put in a freezer. This allows the liquid contents to remain chilled for a period of time.

The top compartment screws onto the bottom compartment and it is designed with a lid that lifts open, allowing for the addition of the protein powder, which is not included. When the lid is twisted slightly, several apertures are opened on the bottom surface of the top compartment, allowing for the release of the protein powder into the liquid in the tumbler below. Shaking is then needed to mix the powder with the liquid. The lid features a covered drinking spout and a closed loop handle, through which a finger can be inserted in order to carry the Protein Shaker. As you requested, the sample will be returned to you.

The applicable subheading for “Protein Shaker” 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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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