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NY 857369




OCT 30 1990

CLA-2-83:S:N:N1:113 857369

CATEGORY: CLASSIFICATION

TARIFF NO.: 8309.90.0000

Mr. Bruce H. Leeds
Post Office Box 91506
Los Angeles, CA 90009

RE: The tariff classification of lever rings and plug assemblies from New Zealand.

Dear Mr. Leeds:

In your letter dated October 17, 1990, on behalf of Filpen International Inc. 1735 Melwood Drive, Glendale, CA, you requested a tariff classification ruling.

The product consists of base metal can tops. The tops consist of three pieces: a ring, plug and foil. The ring will eventually be bonded to the top of the can. The ring has a foil membrane that is permanently affixed to it. The plug is a lid that goes into place above the foil and is held in place by the ring. After importation, these pieces will be sold to companies that will attach them to the tops of cans by a "double seaming" process. The typical applications are in the packaging of vacuum packed nuts, powdered milk, infant formula, dry garden chemicals, tree spray, etc. The samples are being returned to you as per your request.

The applicable subheading for the lever ring and plug assemblies will be 8309.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packaging accessories, and parts thereof of base metal, other. The rate of duty will be 5.2 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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