N034949 N0 Ruling Active

The tariff classification of plastic hot dog holders from China

Issued September 4, 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 Set/4 Picnic Hot Dog Holders, SKU 22970. This item is comprised of four identical hot dog holders. Although this item is made of polypropylene (PP) plastic material, each of the four hot dog holders of this item has the appearance of the classic paper hot dog holder. Each is completely open along the top and is tapered to hold a hot dog and a bun. Each measures 8-1/2” long by 2-1/2” wide by 1-1/2” high. The hot dog holder is designed to keep ketchup, mustard and relish from leaking out onto clothing. The words “HOT DOG” are printed on the outside of two opposing sides of each hot dog holder of this item. This item is also imported in retail packages consisting of eight hot dog holders, identified as SKU# 22972.

CBP rationale

The applicable subheading for SKU# 22970 and SKU# 22972 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

N034949 September 4, 2008 CLA-2-39:OT: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 hot dog holders from China Dear Ms. Ramsey: In your letter dated July 15, 2008, you requested a tariff classification ruling. The submitted sample is identified as a Set/4 Picnic Hot Dog Holders, SKU 22970. This item is comprised of four identical hot dog holders. Although this item is made of polypropylene (PP) plastic material, each of the four hot dog holders of this item has the appearance of the classic paper hot dog holder. Each is completely open along the top and is tapered to hold a hot dog and a bun. Each measures 8-1/2” long by 2-1/2” wide by 1-1/2” high. The hot dog holder is designed to keep ketchup, mustard and relish from leaking out onto clothing. The words “HOT DOG” are printed on the outside of two opposing sides of each hot dog holder of this item. This item is also imported in retail packages consisting of eight hot dog holders, identified as SKU# 22972. The applicable subheading for SKU# 22970 and SKU# 22972 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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