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NY N021758




February 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Geri Davidson
The Container Store
500 Freeport Pkwy
Coppell, TX 75019

RE: The tariff classification of a plastic serving container from Italy.

Dear Ms. Davidson:

In your letter dated January 9, 2008 you requested a tariff classification ruling.

The submitted illustration depicts an item identified as a Confectionery Tray, SKU# 325060. It is made of polyamide (PA), acrylonitrile-butadiene-styrene (ABS) and polymethyl methacrylate (PMMA) plastic materials. It measures 18” long by 13” wide by 8” high. The base of this item is white in color and it has a clear domed lid. It can be used to display sweets, sandwiches, pastries and breads in a kitchen or at a buffet or patio brunch.

The applicable subheading for SKU# 325060 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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