G86367 G8 Ruling Active

The tariff classification of Santa plastic drinking straws from China.

Issued February 12, 2001 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.10.5020

Headings: 9505

Product description

The submitted samples are identified as Santa Stretch a Straw, item #7269. The drinking straws are made of flexible, stretchable plastic. The straws have a three-dimensional Santa figure incorporated into the straw. The liquid flows through the Santa figure. The straws are functional items and do not serve merely as decorations. Santa is dressed in the traditional red and white suit and hat with black boots and green gloves that match the green colored straws. This product is made entirely of plastic. Two straws are packaged together in a plastic bag with a header card for retail sale.

CBP rationale

The applicable subheading for the Santa plastic drinking straws will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: other, other.

Full text

NY G86367 February 12, 2001 CLA-2-95:RR:NC:SP:222 G86367 CATEGORY: Classification TARIFF NO.: 9505.10.5020 Mr. Ken August Easter Unlimited Inc. 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of Santa plastic drinking straws from China. Dear Mr. August: In your letter dated January 12, 2001, you requested a tariff classification ruling. The submitted samples are identified as Santa Stretch a Straw, item #7269. The drinking straws are made of flexible, stretchable plastic. The straws have a three-dimensional Santa figure incorporated into the straw. The liquid flows through the Santa figure. The straws are functional items and do not serve merely as decorations. Santa is dressed in the traditional red and white suit and hat with black boots and green gloves that match the green colored straws. This product is made entirely of plastic. Two straws are packaged together in a plastic bag with a header card for retail sale. The applicable subheading for the Santa plastic drinking straws will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: other, other. The rate of duty will be free. 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 Alice Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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