The tariff classification of plastic stackable snack containers from Thailand

N063955 July 2, 2009 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Debbie Mayard Hamco, Inc. P.O. Box 1028 Gonzales, LA 70707 RE: The tariff classification of plastic stackable snack containers from Thailand Dear Mayard: In your letter dated June 2, 2009, you requested a tariff classification ruling. The submitted sample is identified as a Stackable Snack Tube. This item consists of four plastic cylindrical containers, each with a plastic lid that twists on or twists off by means of threading on the inside of the lid and the external surface of the top of the container. Each lid has a round protrusion in the center of the top external surface and each container has a round concave section in the center of the bottom external surface. Therefore, the containers can be stacked by snapping the protrusion on the lid of one container into the concave section of the bottom of another container. The trademark “hatch’d” is printed on the retail packaging along with the words “fresh ideas for kids.” Although all four containers of the submitted sample are made of clear plastic, you have stated that in production the four containers will be one each of the following colors: red, green, yellow and blue. The retail packaging submitted with the sample reflects an illustration of the containers in the four different cited colors. The following words are printed on the retail packaging to describe the item: “The Snack Tube is a set of 4 containers that snap together to form a single tube. Use as many or as few as you need to get you through the day. The Snack Tube has screw on lids to ensure nothing spills into your bag. Put your grapes in one container, your cookies in another, snap them together, twist and go!” In addition, the retail packaging also states the following: “Keeps Snacks, Formula and Baby Food Separate.” This item is top rack dishwasher safe but is not microwave safe. Although marketed for travel, this stackable item is of the class or kind of merchandise principally used in the kitchen The applicable subheading for the Stackable Snack Tube 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/. Articles classifiable under subheading 3924.10.4000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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