The tariff classification of a plastic water bottle with an ice stick from China

N147515 March 10, 2011 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Colleen Brennan Cohesion Freight 147-39 175th Street Suite 188 Jamaica, NY 11434 RE: The tariff classification of a plastic water bottle with an ice stick from China Dear Ms. Brennan: In your letter dated February 9, 2011, on behalf of Relaj, you requested a tariff classification ruling. The submitted sample is identified as a Water Bottle with an Ice Stick. The top cap and the base of the bottle as well as the body of the bottle itself are made of polypropylene (PP) plastic material. There is a drinking spout attached to the top cap that is made of silicone plastic material. The top of the spout is made of thermoplastic elastomer (TPE) plastic material and the outer grips that are attached to the exterior of the bottle are also made of TPE. Within the bottle, attached to the base, is a removable ice stick that keeps any liquid with which the bottle will be filled cool. The applicable subheading for the Water Bottle with an Ice Stick 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/. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov. 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