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NY N025445




April 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Anastacia N. Feeley
Silikids, LLC
4734 Eagle Rock Blvd. #1139
Los Angeles, CA 90041

RE: The tariff classification of a plastic baby bottle sleeve from Taiwan

Dear Ms. Feeley:

In your letter dated March 28, 2008 you requested a tariff classification ruling.

The submitted illustration depicts an item identified as a silicone baby bottle sleeve. This item is made of silicone plastic material and is designed to be situated around a glass baby bottle. The photograph attached to your subsequent email refers to this item as a “Siliskin”. The company web site further states that it is designed so that a baby can grab and hold a baby bottle, avoiding slippage. It is translucent, which allows for the visibility of measurements and liquid in the bottle. It is microwave and dishwasher safe and is hypo allergenic.

The silicone sleeve will be imported without the bottle. However, it will be sold to consumers either in place around a baby bottle or individually, without a bottle. The sleeve is open at the top and the bottom. When the consumer purchases this item without a bottle, he or she will place the top opening of the sleeve at the bottom of a separately purchased bottle, fold the top edge of the sleeve around his or her fingers and then pull it in an upward direction until it is in place around the bottle. Although the sleeve fits snugly around the bottle, it does not adhere to the bottle. Therefore, it can be removed and used on another bottle.

The applicable subheading for the silicone baby bottle 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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