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HQ 952733




December 28, 1992

CLA-2 CO:R:C:M 952733 EJD

CATEGORY: CLASSIFICATION

TARIFF NO: 7010.90.20

Mr. Dennis Glassman
Inter-Maritime Forwarding Co. Inc.
182-17 150th Avenue
Springfield Gardens, New York 11413-4099

RE: Empty Nail Polish Bottle; NY 861203 modified; DD 866845; HQ 952303

Dear Mr. Glassman:

It has come to our attention that New York Ruling Letter (NY) 861203 issued to you on March 26, 1991, on behalf of your client, Italian Fashion Trading, concerning the classification of various products from Italy, in part, is in error. This letter modifies NY 861203.

We have reviewed NY 861203 and determined that the classification of an empty nail polish bottle was incorrect. The empty nail polish bottle was held to be classifiable under the provision for other containers, of glass, of a kind used for the conveyance or packing of goods in subheading 7010.90.50, Harmonized Tariff Schedule of the United States (HTSUS), with a free rate of duty.

In Headquarters Ruling letter (HQ) 952303, copy enclosed, Customs ruled that an empty nail polish bottle is classifiable under the provision for "[c]arboys, bottles, flasks...and other containers, of glass, of a kind used for the conveyance or packing of goods...[o]ther...[c]ontainers (with or without their closures) of a kind used for the conveyance or packing of perfume or other toilet preparations...[p]roduced by automatic machine" in subheading 7010.90.20, HTSUS, with duty at the rate of 3.7% ad valorem.

HQ 952303 also affirmed DD 866845, dated September 26, 1991, in which the Area Director of Customs, J.F.K. Airport, held this type of merchandise to be classifiable in subheading 7010.90.20, HTSUS.

For the reasons stated in HQ 952303, it is now our position that the empty nail polish bottle described in NY 861203 is properly classifiable under subheading 7010.90.20, HTSUS.

This notice to you should be considered a modification of NY 861203, dated, under 19 CFR 177.9 (d). It is not to be applied retroactively to NY 861203 (19 CFR 177.9(d)(2) and will not, therefore, affect past transactions for The importation of this type of merchandise under that ruling. However, for the purposes of future transaction involving merchandise of this type, NY 861203 will not be valid precedent.

We recognize the pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division


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