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NY 889451





August 31, 1993

CLA-2-76:S:N:N3:113 889451

CATEGORY: CLASSIFICATION

TARIFF NO.: 7612.90.1090

Ms. Patricia A. Bielaski
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of an aluminum container from Canada

Dear Ms. Bielaski:

In your letter dated August 16, 1993, you requested a tariff classification ruling.

The merchandise is a rigid, aluminum foil contianer with a capacity of approximately 180 ml. The inside of the container is coated with epoxy and the outside with vinyl. The container will be used to transport cartridges for photocopier machines.

The applicable subheading for the containers will be 7612.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum casks, drums, cans, boxes and similar continaers for any material, of a capcity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment, other, of a capacity not exceeding 20 liters, other. The rate of duty will be 5.7 percent ad valorem.

Goods classifiable under subheading 7612.90.1090, HTS, which have originated in the territory of Canada, will be entitled to a 2.8 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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