The tariff classification of a plastic lidded lunch container with plastic spoons from China
Issued February 5, 2014 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 Bento Lunch Box. The item is rectangular in shape and measures approximately 6” by 8¼” by 1¼” high. It has a removable snap-on lid that is made of clear polypropylene (PP) plastic material and a base that is made of pink silicone plastic material. The interior of the item has two compartments molded into the base which can be pushed down from the inside to expand the item to a height of 2½”. Molded into the lid is a small lidded compartment that measures approximately 5½” in length and contains two pink plastic utensils. Each of the utensils in the sample has a fork on one end and a spoon on the other. However, you have stated that the actual imported product will only contain utensils with a spoon on one end. Printed on the lid of the item are the letters “ha” and printed on the handle of each utensil is the name Hanna Andersson. As you requested, the sample will be returned to you. You have asked “if there are any FDA requirements or any quota or other restrictions for this product.” This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332. There are no quota or visa restrictions on imports of the Bento Lunch Box.
CBP rationale
The applicable subheading for the Bento Lunch Box 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
N249073 February 5, 2014 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Mr. Len Gevertzman Vida Shoes International Inc. 29 West 56th Street New York, NY 10019 RE: The tariff classification of a plastic lidded lunch container with plastic spoons from China Dear Mr. Gevertzman: In your letter dated December 31, 2013, you requested a tariff classification ruling. The submitted sample is identified as a Bento Lunch Box. The item is rectangular in shape and measures approximately 6” by 8¼” by 1¼” high. It has a removable snap-on lid that is made of clear polypropylene (PP) plastic material and a base that is made of pink silicone plastic material. The interior of the item has two compartments molded into the base which can be pushed down from the inside to expand the item to a height of 2½”. Molded into the lid is a small lidded compartment that measures approximately 5½” in length and contains two pink plastic utensils. Each of the utensils in the sample has a fork on one end and a spoon on the other. However, you have stated that the actual imported product will only contain utensils with a spoon on one end. Printed on the lid of the item are the letters “ha” and printed on the handle of each utensil is the name Hanna Andersson. As you requested, the sample will be returned to you. You have asked “if there are any FDA requirements or any quota or other restrictions for this product.” This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332. There are no quota or visa restrictions on imports of the Bento Lunch Box. The applicable subheading for the Bento Lunch Box 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% 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division
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