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NY 880813




December 8, 1992

CLA-2-39:S:N:N6:221 880813

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.30.0090

Mr. John Mattson
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, Minnesota 55425

RE: The tariff classification of plastic shampoo bottles from Taiwan and China.

Dear Mr. Mattson:

In your letter dated November 27, 1992, on behalf of Softsoap Enterprises, Inc., you requested a tariff classification ruling.

The shampoo bottles are made of molded plastics and are imported in the shape of the Sesame Street characters "Cookie Monster" and "Prairie Dawn." The bottles are imported empty and filled with shampoo in the United States.

The applicable subheading for the "Cookie Monster" shampoo bottle will be 3923.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics....carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem. This classification applies only to shampoo bottles in the shape of animals or creatures. It does not apply to bottles in the shape of Sesame Street characters which represent human figures.

Importations of this product 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.

Your inquiry does not provide enough information for us to give a classification ruling on the "Prairie Dawn" shampoo bottle. Your request for a classification ruling should include a sample.

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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