CLA-2-39:OT:RR:NC:N2:222
Ms. Tracy McCrorey
Kuehne + Nagel, Inc.
3125-I Horseshoe Lane
Charlotte, NC 28208
RE: The tariff classification of a salad cutter, a cereal storage container and wine stoppers from the Netherlands.
Dear Ms. McCrorey:
In your letter dated July 7, 2008, on behalf of Vacu Vin Inc, you requested a tariff classification ruling.
The submitted samples are identified as follows:
Salad Cutter – This item appears to be made of plastic material and is green in color. It is made of one molded piece that has two serrated areas. One of the serrated areas is located around the edge of a cylindrical aperture, called a ring, which has a diameter that measures 1-3/4 inches. The other serrated area is located along a semi-circular edge that is located at the other end of the item and can be used like a scoop. This item can be used to separate lettuce leaves by placing the serrated edge of the ring around the core of the lettuce, pushing the salad cutter into the lettuce and then turning it in a clockwise direction to remove the core. It can also be used to cut portions of lettuce by using the serrated scoop end of the item.
Vacuum Wine Stoppers – This item is comprised of two wine stoppers, each made of thermoplastic elastomer (TPE) plastic material, packaged together for retail sale.
Vacuum Cereal Saver – This item appears to be made of plastic material. It consists of a container that has a clear tinted body and a lid that is black in color. The lid has an aperture that is surrounded by a removable gasket. Without the lid, the container stands 10 inches high. Unlike double walled vacuum containers, in which the vacuum is created between the walls, the Vacuum Cereal Saver is only single walled. The vacuum in this container is created by using a pump to remove the air through the aperture on the lid. The pump is not included in the importation or in the retail package for this item.
The applicable subheading for the Salad Cutter and the Vacuum Cereal Saver will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other. The duty rate will be 3.4 percent ad valorem.
The applicable subheading for the Vacuum Wine Stoppers will be 3923.50.0000, HTSUS, which provides for stoppers, lids, caps and other closures, of plastics. The duty rate 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/.
You also submitted samples of three other items, identified as a Rapid Ice Cooling Carafe, Can Coolers and a Bottle Cooler. Each of these three items includes a sleeve that is filled with what appears to be either a gel or liquid substance. In order to issue a classification ruling for these three items, we will need a complete chemical breakdown that includes percentages by weight of each component and all materials used in the construction of these items. When this information is available, you may wish to consider resubmission of your request for these three items. We are returning the submitted samples. If you decide to resubmit your request, please include the samples of these three items that we have returned to you.
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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division