The tariff classification of a plastic nutritional drink shaker from China

N240621 May 7, 2013 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Karine Gagiryan Herbalife Int. of America Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of a plastic nutritional drink shaker from China Dear Ms. Gagiryan: In your undated letter, which was received in this office on April 10, 2013, as a follow-up to your letter of March 14, 2013, you requested a tariff classification ruling. The submitted sample is identified as a SmartShake, SKU 8796. This item is a 3-chambered cylindrical nutritional drink shaker. The body of the shaker is made of black plastic. The main chamber is the shaker itself and has a detachable screw-on lid which has a drinking spout with a green cover that is attached by a hinge. Located within the lid is a detachable green plastic strainer. Located on one side of the body of the shaker is a measuring panel that has ml and oz delineations. Embossed on the opposing side are the words “SmartShake V2”. The words “HERBALIFE 24 HOURS” is printed in white on each of two opposing sides. The two other chambers are located beneath the shaker, one underneath the other. The shaker can be detached from the other chambers by screwing off and can be used without the other chambers. The second and third chambers are intended for use to carry the components of a powder shake. One of the small chambers has a green divider. When all chambers are attached, the item measures approximately 8½” in height, 3½” in diameter at the top and 3” in diameter at the bottom. The shaker, when detached from the other two chambers, measures approximately 6” in height. Each chamber has a flat bottom. The applicable subheading for SKU 8796 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 duty rate 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, Thomas J. Russo Director National Commodity Specialist Division