LA-2-39:RR:NC:SP:221 F84235

Mr. Kevin Egan
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60007

RE: The tariff classification of a silicone pacifier set from Germany.

Dear Mr. Egan:

In your letter dated February 28, 2000, on behalf of Avent Corp America, Inc., you requested a tariff classification ruling.

Samples were provided with your letter. The pacifier set (item #115) is packaged two pacifiers to a retail blister pack. The pacifiers are composed of silicone nipples and plastic ring handles. The applicable subheading for the silicone pacifier set will be 3926.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics…nursing nipples and pacifiers. The rate of duty will be 3.1 percent ad valorem.

You have also requested a binding ruling on the classification of a latex pacifier set (item #209). Latex can refer to either rubber or plastic. Before we can issue a ruling we need a complete description of the latex material used to form the nipples. The samples will remain on file in this office for ninety days after the date of this letter. If you resubmit a request, please include a copy of this letter.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division