CLA-2-39:OT:RR:NC:N4:421

Mr. Erol Bulent Fikri
George Patton Associates, Inc.
55 Broad Common Road
Bristol, RI 02809

RE: The tariff classification of a plastic table tent from China

Dear Mr. Fikri:

In your letter dated May 1, 2013, you requested a tariff classification ruling.

Photographs and descriptive literature were provided with your letter. The table tent or sign holder, SKU OVLBSH57TK, is composed of molded polystyrene plastic, and is designed to hold and display a 5” x 7” double sided menu on a tabletop, counter or bar. The tent has an oval base to make it free-standing. A menu can be slid into the holder via an opening running along the top. There is a thumb notch at the middle of the top opening that allows users to quickly remove and replace the menu or other sign.

You suggest classification in subheading 3924.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plastic picture frames. However, the sign holder is designed and marketed as a table tent for use in displaying menus in places such as restaurants, stores, bars and hotels. The sign holder is not designed or marketed as a picture frame.

The applicable subheading for the plastic sign holder will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 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 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 Joan Mazzola at (646) 733-3023.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division