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NY N015459




September 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

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

RE: The tariff classification of plastic microwave potato baking dishes and plastic corn on the cob skewers from Taiwan and a plastic refrigerator beverage dispenser and plastic ice trays from Vietnam.

Dear Ms. Ramsey:

In your letter dated August 2, 2007, you requested a tariff classification ruling.

The submitted samples or illustrations are identified as follows:

SKU# 62650 – Set/2 Microwave Potato Baking Dishes. The submitted samples are made of polypropylene (PP) and polymethylpentene (TPX). Each dish measures 7-3/8 inches long by 4-3/4 inches wide by 1-1/4 inch high. Each baking dish has the capacity to hold one potato. On the outside bottom of the dish, the words “use in microwave oven only” are molded. The plastic potato baking dishes are dishwasher safe.

SKU# 62730 – Set/8 Corn on the Cob Skewers. The items depicted in the submitted illustrations are made of polypropylene (PP) and polymethylpentene (TPX). The skewers provide a safe and easier way to handle steaming corn on the cob, to minimize the possibility of burning fingers. The skewers can be inserted into corn cobs before they are cooked in the microwave oven. The skewers remain cool to the touch after cooking and they will not rust like the metal corn skewers. The skewers measure 1-1/2 inches long and are dishwasher safe.

SKU# 58910 – Refrigerator Beverage Dispenser. The blue cap and blue tap of the submitted sample are made of polypropylene (PP) and the white container is made of polyethylene (PE). This dispenser allows for the storing and serving of beverages from the refrigerator. The screw on/off cap at the top of the dispenser facilitates filling and the drip-free tap releases the beverage. This beverage dispenser holds up to 1.9 quarts and can be used for storing water, fruit juices, ice tea or lemonade. The dispenser measures approximately 11 inches long by 5 inches wide by 3-1/2 inches high and is dishwasher safe.

SKU# - 62060 – “On the Rocks” Ice Tray. The submitted sample is made of polypropylene (PP). This specially designed tray yields three rock-shaped ice cubes. The tray is designed with a lid to help prevent spills and contamination in the freezer. The tray measures approximately 9-1/2 inches long by 3-1/4 inches wide by 2-1/2 inches high and is not dishwasher safe.

The applicable subheading for SKU# 62650, SKU# 62730, SKU# 58910 and SKU# 62060 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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