The tariff classification of a plastic dietary supplement storage container case from China

N065305 July 16, 2009 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Susie Milosevski Mail Code 49-1Q Access Business Group International LLC 7575 Fulton Street East Ada, MI 49355 RE: The tariff classification of a plastic dietary supplement storage container case from China Dear Ms. Milosevski: In your letter dated June 10, 2009, you requested a tariff classification ruling. The submitted illustration depicts an item identified as a Dietary Supplement Storage Container Case, SKU# 401048. The top and bottom of the container is made of acrylonitrile butadiene styrene (ABS) plastic material that is white in color, with the exception of a small section of the top of the container, which is made of clear ABS. The clear ABS section of the top of the container is designed with a depiction of a branch with leaves. Printed on the white part of the top of the container is the word “Nutrilite”, under which is printed the words “75 Years Nutrilite Quality You Can Trust.” The container has six internal compartments for the storage of dietary supplements. The top of the container is attached to the bottom of the container by means of two hinges and the container opens and closes by means of a spring loaded release latch, the button for which is also made of ABS. The item has a gasket that is made of neoprene that is located around the top edge of the bottom section of the container. This item measures 4”H x 6”W x 1.3”D. The applicable subheading for SKU# 401048 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