CLA-2-39:RR:NC:2:224 I81576

Laura Denny
CBT International, Inc.
110 West Ocean Blvd.
Suite 728
Long Beach, CA 90802

RE: The tariff classification of a plastic inflatable article from Hong Kong and China.

Dear Ms. Denny:

In your letter dated April 30, 2002, you requested a tariff classification ruling, on behalf of Brulene LLC, your client.

You are requesting the tariff classification on a plastic inflatable article; no style number is shown for the article. The product is an inflatable plastic representation of a can. The article is an advertising gimmick, or prop, that is printed with the following phrase: “Clamato-Deliciously Zesty Tomato Cocktail” on its surface. The proper classification is in Chapter 39 of the HTSUS as an inflatable article, not elsewhere included in the tariff. You have not requested the return of your sample.

The applicable subheading for the inflatable plastic Clamato can will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Pneumatic mattresses and other inflatable articles, not elsewhere specified or included.” The rate of duty will be 4.2 % ad valorem.

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 Tom McKenna at 646-733-3025.


Robert B. Swierupski
National Commodity
Specialist Division