Mr. Troy D. Crago
Atico International, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a vacuum bottle with two mugs from China

Dear Mr. Crago:

In your letter dated April 8, 2009, you requested a tariff classification ruling. Representative samples of a vacuum bottle and two mugs were submitted with your ruling request. The vacuum bottle was sent to our U.S. Customs and Border Protection Laboratory for analysis. Our laboratory’s analysis has now been completed.

The product under consideration, item number A038BA00617, is a 3-piece set consisting of a beverage vacuum bottle with two travel mugs. The bottle is composed of a stainless steel body and has volume capacity of 32 ounces. It has a plastic screw-on stopper and a stainless steel screw-on cup. Each travel mug is composed of plastic except for a 2-inch stainless steel strip around the upper portion. Each mug has a plastic handle, a removable plastic lid and has a volume capacity of 14 ounces.

Our Customs laboratory has determined that the beverage bottle has vacuum properties.   

The essential character of this 3-piece set is imparted by the beverage vacuum bottle.    The applicable subheading for the beverage vacuum bottle with two mugs (item number A038BA00617) will be 9617.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum flasks and other vacuum vessels, complete with cases; parts thereof other than glass inners: vessels: having a capacity not exceeding 1 liter. The rate of duty will be 7.2 percent ad valorem.

You have also asked whether this product is subject to quota or visa restrictions. There are no quota restrictions or visa requirements for the product at this time. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check our web site at

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

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 Jacob Bunin at (646) 733-3027.


Robert B. Swierupski
National Commodity Specialist Division