The tariff classification of plastic jars, each with a steel latch closure from China

N070277 August 26, 2009 CLA-2-39:OT:RR:E:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Debbie L. Taylor The Container Store 500 Freeport Parkway Coppell, TX 75019 RE: The tariff classification of plastic jars, each with a steel latch closure from China Dear Ms. Taylor: In your letter dated July 29, 2009, you requested a tariff classification ruling. The submitted illustrations depict items described as jars made of acrylic plastic material, each of which has a chrome plated steel latch and a gasket made of silicone plastic material to hermetically seal out air and moisture. This type of closure is commonly known as bail and seal or bail and trigger and as reflected by the submitted illustrations, each has a wire with a loop around the outside rim of the lid of the jar and a latch or clamp with a loop around the neck of the jar. The closure is ordinarily effectuated when the loop of the top wire is placed within the loop of the latch and the latch is then pressed down, locking the lid in place. It is assumed that the silicone gasket is located around the inside lip of the lid. These jars are designed to hold dry, fresh or leftover food and can be stored on the countertop or in the freezer. The submitted illustrations are identified as follows; SKU 10050830 – 20 oz. Belly Canister. This jar has a 4” diameter and stands 4 ½” high. SKU 10050829 – 14 oz. Belly Canister. This jar has a 4” diameter and stands 3¾” high. SKU 10050828 – 10 oz. Canister Acrylic. This jar has a 3” diameter and stands 5” high. SKU 10050827 – 7 oz. Canister Acrylic. This jar has a 3” diameter and stands 3¾” high. The applicable subheading for SKU 10050830, SKU 10050829, SKU 10050828 and SKU 10050827 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