N026582 N0 Ruling Active

The tariff classification of a plastic milk powder container from China

Issued May 20, 2008 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3924.10.4000

Headings: 3924

Product description

The submitted sample is identified as a Plastic Milk Powder Container, item number A003EA00892. It is made of 40 percent polypropylene (PP) plastic material and 60 percent polystyrene (PS) plastic material. The container is cylindrical in shape. The interior of the container is divided into four equisized compartments. The body of the container is transparent and is blue in color. The container has a snap-on green lid. There is a spout with a snap closure on one side of the top surface of the lid. The retail package references this item under the name “Sesame Beginnings”. There is a small depiction of the character Big Bird and three smaller birds on one side of the container. Under this depiction are the words “Sesame Workshop”. This item is designed to store the correct measure of milk powder needed to make a feed for a baby. The milk powder that is stored in an individual compartment of this item can be added to a baby bottle that contains cooled boiled water. Neither the milk powder nor the baby bottle will be included in the importation of the Plastic Milk Powder Container.

CBP rationale

The applicable subheading for item number A003EA00892 will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other.

Full text

N026582 May 20, 2008 CLA-2-39:OT:RR:NC:N2:222 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Mr. Troy D Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a plastic milk powder container from China Dear Mr. Crago: In your letter dated April 16, 2008 you requested a tariff classification ruling. The submitted sample is identified as a Plastic Milk Powder Container, item number A003EA00892. It is made of 40 percent polypropylene (PP) plastic material and 60 percent polystyrene (PS) plastic material. The container is cylindrical in shape. The interior of the container is divided into four equisized compartments. The body of the container is transparent and is blue in color. The container has a snap-on green lid. There is a spout with a snap closure on one side of the top surface of the lid. The retail package references this item under the name “Sesame Beginnings”. There is a small depiction of the character Big Bird and three smaller birds on one side of the container. Under this depiction are the words “Sesame Workshop”. This item is designed to store the correct measure of milk powder needed to make a feed for a baby. The milk powder that is stored in an individual compartment of this item can be added to a baby bottle that contains cooled boiled water. Neither the milk powder nor the baby bottle will be included in the importation of the Plastic Milk Powder Container. The applicable subheading for item number A003EA00892 will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of 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, National Commodity Specialist Division

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