The tariff classification of plastic long stemmed drinking glasses with artificial flower decorations from China
Issued December 18, 2009 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3924.10.4000
Headings: 3924
GRI rules applied: GRI 3(b)
Product description
The submitted samples are identified as follows: Item 729568 – This item is a 13 fluid ounce plastic drinking glass that measures 8” in total height, which includes a stem that measures approximately 3¼” in height and a pedestal base. Wrapped around the stem is a beaded wire to which is attached three green artificial flowers with petals made of textile material and floral reproductive organs made of plastic. Item 729573 – This item is a 10 fluid ounce plastic margarita drinking glass that measures 6¾” in total height, which includes a stem that measures approximately 3¼” in height and a pedestal base. Wrapped around the stem is a beaded wire to which is attached three green artificial flowers with petals made of textile material and floral reproductive organs made of plastic. These items are considered to be composite goods within the meaning of General Rule of Interpretation (GRI) 3 and therefore each item is classifiable under a single tariff provision. Although the artificial flowers can be removed from the stems of the plastic drinking glasses, the beaded wires to which they are attached only measure 2¾” in length when straightened. When twisted around the stem of the respective plastic drinking glass, they are clearly fitted for that purpose based on size. Since the flowers are mere decorations, it is the opinion of this office that the plastic drinking glasses provide these items with the essential character within the meaning of GRI 3(b). As you requested, the sample will be returned to you.
CBP rationale
The applicable subheading for Item 729568 and Item 729573 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
N085257 December 18, 2009 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Una Gauthier Barthco International, Division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of plastic long stemmed drinking glasses with artificial flower decorations from China Dear Ms. Gauthier: In your letter dated November 18, 2009, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. The submitted samples are identified as follows: Item 729568 – This item is a 13 fluid ounce plastic drinking glass that measures 8” in total height, which includes a stem that measures approximately 3¼” in height and a pedestal base. Wrapped around the stem is a beaded wire to which is attached three green artificial flowers with petals made of textile material and floral reproductive organs made of plastic. Item 729573 – This item is a 10 fluid ounce plastic margarita drinking glass that measures 6¾” in total height, which includes a stem that measures approximately 3¼” in height and a pedestal base. Wrapped around the stem is a beaded wire to which is attached three green artificial flowers with petals made of textile material and floral reproductive organs made of plastic. These items are considered to be composite goods within the meaning of General Rule of Interpretation (GRI) 3 and therefore each item is classifiable under a single tariff provision. Although the artificial flowers can be removed from the stems of the plastic drinking glasses, the beaded wires to which they are attached only measure 2¾” in length when straightened. When twisted around the stem of the respective plastic drinking glass, they are clearly fitted for that purpose based on size. Since the flowers are mere decorations, it is the opinion of this office that the plastic drinking glasses provide these items with the essential character within the meaning of GRI 3(b). As you requested, the sample will be returned to you. The applicable subheading for Item 729568 and Item 729573 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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