The tariff classification of a plastic jar opener with a suction cup and a handle from China

N069362 August 19, 2009 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Geri Davidson The Container Store 500 Freeport Parkway Coppell, TX 75019 RE: The tariff classification of a plastic jar opener with a suction cup and a handle from China Dear Ms. Davidson: In your letter dated July 15, 2009, you requested a tariff classification ruling. The submitted sample is identified as a Grip ‘n Twist Jar Opener, SKU# 10051045. This item consists of a handle made of thermoplastic elastomer (TPE) plastic material, attached by means of a metal hinge to a suction cup made of silicone plastic material. Within the handle is a nylon cord that provides support and reinforcement. The item measures approximately 8” x 2¾” x 2”H. The jar opener is designed for the purpose of twisting the metal lid off of a jar. When in use, the suction cup is placed on the lid with the handle in an upright position. The handle is then pulled down into a locked position, which creates the suction that enables the suction cup to grab the lid. The handle is then twisted counter-clockwise to twist the lid off the jar. Returning the handle to the upright position unlocks the grip of the suction cup from the lid. This item is marketed as a “kitchen accessory” and is dishwasher safe. The applicable subheading for SKU# 10051045 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