CLA-2-39:OT:RR:NC:N4:422
Ms. Jazmine Ortiz
Greenbrier International Inc
500 Volvo Parkway Chesapeake, VA 23320
RE: The tariff classification of plastic beverage drinking pouches from China
Dear Ms. Ortiz:
In your letter dated October 18, 2023, you requested a tariff classification ruling. Photographs were submitted along with your ruling request.
The item is plastic beverage drinking pouches, SKU #382544. The plastic beverage pouches contain six drinking pouches and six plastic straws and are packaged together for retail sale. The items are made from a 0.95- millimeter-thick-oriented polypropylene (OPP) and contain a press and closed top seal. Each empty drink pouch measures approximately 5 inches high by 9 inches long. Located on the top of each pouch are two large fingerholes for the user to carry and two smaller holes for the straw. The volume capacity for each pouch is 15.8 ounces.
Each translucent clear-colored drinking pouch features exterior designs of yellow pineapples and black palm trees. The printed words of “Hello Summer” are written on the drinking pouch. You have indicated that the drinking pouches will be imported empty, reusable, and intended for household use.
The applicable subheading for the plastic beverage pouches will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” The rate of duty will be 3.4 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dana L. Giammanco at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division