The tariff classification of plastic heart shaped candy containers from China

N026513 May 22, 2008 CLA-2-39:OT:RR:E:NC:N2:222 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Mr. Troy D Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of plastic heart shaped candy containers from China Dear Mr. Crago: In your letter dated April 22, 2008 you requested a tariff classification ruling. The submitted illustration depicts an item identified as Valentine Candy Holders, item number A78CA00055. This item consists of eight red heart shaped hollow candy containers, packaged together for retail sale. Each candy container is made of polypropylene (PP) plastic material and measures 2 inches in width by 2 inches in depth by 1.375 inches in height. The words “SWEET HEART” are printed on the outside surface of two of the eight candy containers in the package. The other six candy containers have the following six sayings printed on them respectively: “SWEET HEART”, “YOU’RE FUN”, “HUG ME”, “XOXO”, “SMILE” and “BE MINE”. Printed on the card attached to the top of the outside packaging are the following words: “Valentine Candy Heart Containers”. This office considers the heart shape to be a ubiquitous symbol of love and affection. The heart shape is not limited to the celebration of Valentine’s Day and is therefore not clearly associated with that holiday. In addition, articles that are designed to hold and store candy and other small items are considered utilitarian articles and are therefore excluded from classification as festive articles in Chapter 95, according to Chapter Note 95(v). The applicable subheading for item number A78CA00055 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