The tariff classification of the "Homer Simpson Frosty Mug" from China.

NY K80852 December 17, 2003 CLA-2-39:RR:NC:SP:221 K80852 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Rita F. Dalton Blue Ridge International Products Company P.O. Box 989 Freeport, FL 32439-0989 RE: The tariff classification of the “Homer Simpson Frosty Mug” from China. Dear Ms. Dalton: In your letter dated December 3, 2003, you requested a tariff classification ruling. A sample was provided with your letter. The Homer Simpson Frosty Mug is a double-walled plastic mug that contains preserved water between the walls. The mug has a plastic handle. When placed in a freezer, the liquid freezes and creates a frosty finish to the mug which will help keep the beverage cold. The applicable subheading for the plastic mug will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other tableware, kitchenware and other household articles of plastics.: tableware and kitchenware: other. The rate of duty will be 3.4%. Importation of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with Customs. If you are an authorized importer of this product we recommend notifying your local Customs office prior to importation. 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 Joan Mazzola at 646-733-3023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division