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NY N013955




July 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Jamie Castellanos
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of silicone cup sleeve from China

Dear Ms. Castellanos:

In your letter dated June 27, 2007 you requested a tariff classification ruling.

The submitted sample is identified as a silicone cup sleeve, SKU# 10043938. The sleeve is made of 100% flexible silicone which allows this item to slip over the top of a cup, and then be pulled down around the central part of the cup. The silicone composition prevents the sleeve from sliding down further along the cup than desired. The purpose of the sleeve is to insulate the user’s hand from the hot cup.

The sleeve is covered with equidistant raised dots of equal size, to facilitate gripping of the cup. There is one larger raised dot in the middle of one side of the sleeve that contains the word “HotSpot” with the smaller sized letters “TM” referencing it as a trademark. Under these words are the additional words “Silicone on the Go.” All of these words are molded and raised on the large dot.

The applicable subheading for the silicone cup sleeve will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenwareof 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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