The tariff classification of a plastic drinkware tumbler with a lid from China

N241149 May 21, 2013 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Mr. Pei Lien Chang Bullet Line, LLC 6301 East 10th Avenue Hialeah, FL 33013 RE: The tariff classification of a plastic drinkware tumbler with a lid from China Dear Mr. Chang: In your letter dated April 16, 2013, you requested a tariff classification ruling. The submitted sample is identified as a Cayman 16-oz. Travel Tumbler, item SM-6739. This item is drinkware that is cylindrical in shape with a flat bottom. It is made of black plastic material and has a double wall construction. The tumbler measures approximately 7” in height, 3¼” in diameter at the top and 2¼” in diameter at the bottom. Located on the upper portion of the exterior of the tumbler is a green stainless steel section that measures approximately 2” high and runs completely around the perimeter, in the area where an individual would ordinarily grip the tumbler when holding. This item has a twist-on lid that has a silver stainless steel rim and a black plastic slide-lock opening on the top surface that reveals a drinking spout aperture when in the open position. The applicable subheading for SM-6739 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