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NY C89099


June 30, 1998

CLA-2-48:RR:NC:SP:234 C89099

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.20.0020

Mr. Malek Jalabi

The Noble Tree Corporation

10100 Baymeadows Road, Suite 1501

Jacksonville, FL 32256

RE: The tariff classification of folding cartons from Saudi Arabia.

Dear Mr. Jalabi:

In your letter dated June 9, 1998, you requested a tariff classification ruling.

A sample was submitted and will be retained for reference. It is a small paperboard folding carton presented in flat condition. When set up, it measures approximately 2 1/4" x 3 1/4" x 1", and can be opened by means of a flap at either end. The exterior of the carton is printed with product information concerning a snack-food bar made of dates and almonds.

You indicate that these boxes will be imported empty for use in packaging a product which you will produce here in the United States.

The applicable subheading for the boxes will be 4819.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for folding cartons, boxes and cases, of non-corrugated paper or paperboard. The rate of duty will be 1.7%.

We note that the sample box bears the wording, "Product of Saudi Arabia" following a U.S. address shown for your company. Under the circumstances you have outlined, this marking should not appear on the box, since it would tend to mislead the food bar's ultimate purchaser. That is, the origin information appearing on the box should pertain to the food product, not its packaging material. Disposable containers, imported empty to be filled with a domestic product by a domestic company, need not be individually marked with their own origin, assuming they are received by said company in shipping cartons which do indicate such origin.

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 Carl Abramowitz at 212-466-5733.

Sincerely,


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