The tariff classification of a plastic water bottle from China

N323529 January 13, 2022 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.10.4000 Mr. Holger Uhl Air Up Inc. 3435 Ocean Park Boulevard Santa Monica, CA 90405 RE: The tariff classification of a plastic water bottle from China Dear Mr. Uhl: In your letter dated January 5, 2021, you requested a tariff classification ruling. Photographs and retail packaging material were submitted along with your ruling request. The item under consideration is a plastic water bottle. The article consists of a body, mouthpiece, straw, cap, and finger loop holder. The body of the water bottle and cap are made of Tritan plastic. The mouthpiece and finger loop holder are made of silicone plastic. The straw is made from high-density polyethylene (HDPE). The water bottle is cylindrical and contains a finger loop holder attached to the cap. It can be used to either carry the bottle or as a place to position a finger when twisting off the cap. You have indicated that the item is available in five colors, white, black, orange, blue and pink. Flavor pods can be used with the bottle to improve the taste of the water when consumed from the bottle. However, you state that the flavor pods will be sold separately and are not imported with the item. The article measures approximately 30 centimeters high by 7.5 centimeters wide, at its widest points. The bottle is translucent and is printed with the words “Air Up.” The article has a volume capacity of 650 milliliters and is designed to contain beverages such as water, juice, etc. The applicable subheading for the plastic water bottle will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other…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 the World Wide Web at https://hts.usitc.gov/current. Please note that modifications to the Harmonized Tariff Schedule of the United States (HTSUS) [to align the HTSUS on the 2022 version of the Harmonized Commodity Description and Coding System] pursuant to Section 1206 of the Omnibus Trade and Competitiveness Act of 1988 are forthcoming. These modifications, made by Presidential Proclamation 10326 and set forth in Annexes I, II.A, and II.B of U.S. International Trade Commission Publication 5240, will be effective on January 27, 2022. To the extent that the modifications to the HTSUS impact the classification of the merchandise subject to this ruling, you may submit a new ruling request at that time. 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 Dana L. Giammanco at dana.l.giammanco@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division