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NY N015145





August 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5600

Ms. Francine Ramsey
Hampton Direct Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic drink holder swing from China

Dear Ms. Ramsey:

In your letter dated July 25, 2007 you requested a tariff classification ruling.

The submitted sample is identified as a Drink Holder Swing, SKU# 59810. This item is cylindrical in shape and has four plastic compartments, each opened at the top and closed at the bottom, that are stacked, one on top of the other. The four compartments are connected by a plastic rod that runs through all of the compartments on one side. The four compartments and the connecting rod are made of clear acrylonitrile-butadiene-styrene.

The bottom compartment and the connecting rod are affixed to a base that is white in color and made of polypropylene. Each of the other three compartments can swivel to one side or the other, around the plastic connecting rod, so that access can be gained to the opened top of the next compartment.

Most of the plastic base is covered by a removable grip, made of polysulfide material. The grip is closed at the bottom and opened at the top, and is fitted over the base, so that when the item is set down in place, it is secure and doesn’t slip. The entire item measures 2-1/2 inches in diameter and is 6-3/4 inches high.

This item is intended to hold coins and other small items. The four compartments are made of clear plastic to allow for viewing of the contents. Although this item fits into most center console drink holders, it is of the class or kind of merchandise principally used around the home.

The applicable subheading for SKU# 59810 will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides forother household articlesof plastics: other: 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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