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NY 858092


December 13, 1990

CLA-2-39:S:N:N3G:221 858092

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0000; 3923.50.0000

Mr. Herb Levison
Patrick Powers Customs Brokers Inc.
Post Office Box 30155
JFK Airport Station
Jamaica, New York 11430

RE: The tariff classification of plastic containers and lids from Germany.

Dear Mr. Levison:

In your letter dated November 14. 1990, on behalf of Vario Products Co., you requested a tariff classification ruling.

The plastic containers will be used for the retail marketing of products such as deodorants and moisturizers. The containers are imported empty. These containers are identified as follows: "Vario Mini-Dispensers" (15 and 30 ml), "Vario Magic-Jars" (25 and 50 ml), and "Vario 1 Dispensers." There are two other unlabeled containers. One is a container for a deodorant stick; the other is a container for a moisturizer. Plastic lids and caps will also be imported. When imported with the containers, the lids and caps are classified with the containers. When imported separately, the lids and caps are classified in the tariff provision for plastic lids and caps. Lids and caps imported in excess quantities of containers will also be classified in the provision for lids and caps.

The applicable subheading for the containers and the lids, when imported with the containers, will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the those lids imported separately from, or in excess of, the containers will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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