The tariff classification of a sandwich container and water bottle from China

N335220 September 13, 2023 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Charlotte Ying RISEN DEAL TRADING CORP. RM11-1 NO.1 JIALI SQUARE,NINGBO HI-TECH ZONE,Ningbo, Zhejiang 315010China RE:  The tariff classification of a sandwich container and water bottle from China Dear Ms. Ying: In your letter dated September 11, 2023, you requested a tariff classification ruling.  Photographs were submitted along with your request. The items are a sandwich container and a water bottle, item #N23789.  You have indicated that the sandwich container and water bottle are packaged together for retail sale.  Both items are safe for food and drink contact.  The purple sandwich container and lid are made of 100% polypropylene (PP).  Both the container and lid are shaped like a slice of bread.  The plastic sandwich container measures approximately 4.9 inches long by 4.84 inches wide by 1.42 inches high, as measured at its widest points. The red water bottle has a tapered cylindrical shape with a flat bottom.  The water bottle has a body, a twist-off lid, and a pull-top drink spout. The body of the water bottle is made of 100% polyethylene terephthalate (PET).  The lid and drink spout are made of 100% polypropylene.  The water bottle measures approximately 2.99 inches long by 2.99 inches wide by 8.07 inches high, as measured at its widest points. The volume capacity for is 19.6 ounces. The applicable subheading for the plastic sandwich container and plastic water bottle, item #N23789 will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, 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 at https://hts.usitc.gov/current. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dana L. Giammanco at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division