The tariff classification of a plastic snack container from China

N239039 March 27, 2013 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Heather Creegan Barthco International, division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of a plastic snack container from China Dear Ms. Creegan: In your letter dated February 26, 2013, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. The submitted sample is identified as a snack container, Item number 924268. This item is made of plastic and has a 12 ounce volume capacity. It is cylindrical in shape and has a screw-on lid with a molded loop handle at the top that extends about an inch above the top surface of the lid. The item has an accordion-like section in the center that makes it expandable. When fully expanded, without the lid, it measures approximately 4¼” in height and with the lid it measures approximately 5½” in height, including the loop handle at the top. When collapsed to its smallest size, without the lid, it measures approximately 2½” in height and with the lid it measures approximately 3¾” in height, including the loop handle. As you requested, the sample will be returned to you. The applicable subheading for Item number 924268 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, Thomas J. Russo Director National Commodity Specialist Division