CLA-2-39:RR:NC:SP:221 C86949
Mr. Edward N. Jordan
Expeditors International of Washington, Inc.
601 North Nash Street
El Segundo, CA 90245
RE: The tariff classification of a cup lid from China.
Dear Mr. Jordan:
In your letter dated April 17, 1998, on behalf of Strottman
International, Inc., you requested a tariff classification
ruling.
The sample submitted with your letter is a lid which will be
used as a promotional decorative cover for beverages sold at the
Disney theme parks. The cover measures approximately 4 inches in
diameter at the portion where it snaps onto the cup, 5 inches in
diameter at its widest point and 4 1/2 inches at its greatest
height. It is molded from plastics into a shape which depicts
some of the primary features of a portion of the theme park. The
shape incorporates a tubular opening for a drinking straw.
You request classification in subheading 9503.90.0045, HTS,
which provides for other toys...other toys and models. You state
that the product "is not intended as a lid, but as a
promotional/souvenir item." However, the product is not designed
to be a toy that amuses. Though it is a souvenir of a visit to
the Disney theme parks, it is a fully functional beverage cup
lid.
The applicable subheading for the decorative lid will be
3923.50.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for stoppers, lids, caps and other
closures, of plastics. The rate of duty will be 5.3 percent ad
valorem.
Importations of these products might be subject to the
provisions of Section 133 of the Customs Regulations if they copy
or simulate a trademark, tradename or copyright registered with
the United States Customs Service.
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 212-466-5580.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division