The tariff classification of plastic sports bottles from China

N255514 August 19, 2014 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Ms. Karine Gagiryan Herbalife International of America, Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of plastic sports bottles from China Dear Ms. Gagiryan: In your letter dated July 18, 2014, you requested a tariff classification ruling. The two submitted samples are identified as follows: SKU# 8376 – 24 Sports Bottle. This item is made of translucent green plastic material. It measures approximately 9” in height by 2¼” in diameter at the flat bottom and 2¾” in diameter throughout most of the rest of the bottle with the exception of the neck of the bottle at which point it measures approximately 2” in diameter. This bottle has a black plastic twist-off cap with a black pop-up drinking spout in the center. The sides of the bottle feature the printed word “Herbalife”, the printed Herbalife logo and the printed words “Herbalife 24 NUTRITION FOR THE 24-HOUR ATHLETE”. SKU# 8638 – Sports Water Bottle. This item is made of translucent white plastic material. It measures approximately 9¼” in height by 2¾” in diameter. This bottle has a white plastic twist-off cap with a black pop-up drinking spout in the center. The Herbalife logo and the word “HERBALIFE” are printed on each of two opposing sides of the bottle. The applicable subheading for SKU# 8376 and SKU# 8638 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 gary.kalus@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division