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NY A89242




November 27, 1996

CLA-2-70:RR:NC:2:226 A89242

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.94.5090, 3923.30.0010, 3923.50.0000, 3923.90.0000, 3926.90.9890, 4911.99.8000

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221-0877

RE: The tariff classification of glass and plastic bottles, a plastic orifice, a plastic cap, a header card and a header card blister from Hong Kong

Dear Mr. Reider:

In your letter dated October 29, 1996, you requested a tariff classification and marking ruling regarding an empty bottle made of glass or plastic; a plastic orifice and cap; a paper header card; and a plastic header card blister. A representative sample of the glass bottle was submitted with your ruling request. No samples were submitted of the plastic bottle or of the packaging blister.

You indicated in your letter that these bottles will be used to pack your product, stabilized chlorine dioxide, which will be sold in the United States. You also stated that your firm manufactures the chlorine dioxide in the United States.

The bottles will be made of glass or plastic and will have only one shape and size (10ml). Other components that complete the bottle will also be imported. They include a plastic orifice and cap, a header card made of cardboard and a header card blister made of plastic. Each of these items will be packaged separately and shipped in bulk.

The applicable subheading for the glass bottle will be 7010.94.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods...: other containers (with or without their closures): other: other. The rate of duty will be free.

The applicable subheading for the plastic bottle will be 3923.30.0010, HTS, which provides for articles for conveyance or packing of goods, of plastics...carboys, bottles, flasks and similar articles, of a capacity not exceeding 50 ml. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the plastic orifice will be 3926.90.9890, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic cap 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.

The applicable subheading for a shaped plastic packaging blister will be 3923.90.0000, 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 header card will be 4911.99.8000, which provides for: other (than certain enumerated printed mater). The rate of duty will be 3.9 percent ad valorem. Regarding your inquiry on country of origin marking, you indicated in your letter that the empty bottle will solely be used as a container to hold the U.S. made product (chlorine dioxide). You also stated that when the product is depleted, the bottle will be discarded by the consumer.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

An importer of an empty, disposable container will be regarded as the ultimate purchaser when he buys the container in order to fill it with a product which he will sell. If this is the case, U.S. Customs would not require that the container itself be marked with the country of origin; we would only require country of origin marking for the outermost containers and packaging in which the disposable container is imported. However, if the container were not disposable, we would require it to be marked with the country of origin. Even if it were disposable, we would require country of origin marking if the importer is not the party who will fill the container - i.e., when the importer resells the empty container. Note CFR 134.22, 134.23, 134.24, 134.32.

When the merchandise is imported, you must provide evidence to U.S. Customs at the port of entry which would prove that you are the ultimate purchaser of this merchandise (i.e., that you will fill the containers with a product which you will sell) and that the containers are disposable.

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 Jacob Bunin at 212-466-5796.

Sincerely,

Roger J. Silvestri
Director,

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