The tariff classification of disposable containers from China

N281720 January 5, 2017 CLA-2-39:OT:RR:NC:N2:421 CATEGORY: Classification TARIFF NO.: 3923.10.9000; 3923.90.0080 Michael Spadaro Spadaro International Services 156-15 146th Avenue, Suite 101 Jamaica, NY 11434 RE: The tariff classification of disposable containers from China Dear Mr. Spadaro: In your letter received, December 6, 2016, on behalf of Ocala Group, you requested a tariff classification ruling. Representative samples were submitted with your request and will be retained by this office. The products in question are round and rectangular shaped disposable plastic containers with lids. Comprised of polypropylene, these items are used to carry take-out food from supermarkets, food courts, and restaurants and are intended for one time use. You suggest classification of the subject containers in subheading 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tableware, kitchenware, other household and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other. However, these items, which are flimsy in construction, are not designed for repetitive use and clearly not of a kind used in the home. The applicable subheading for the rectangular shaped containers will be 3923.10.9000, HTSUS, which provides for Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Boxes, cases, crates and similar articles: Other. The rate of duty will be 3 percent ad valorem. The applicable subheading for the round containers will be 3923.90.0080, HTSUS,which provides for Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Other: Other. The rate of duty will be 3 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 https://hts.usitc.gov/current. 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 April Cutuli at april.a.cutuli@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division