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January 20, 1999

CLA-2-39:RR:NC:SP:221 D86333

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Theresa Bennett
John S. James Co.
P.O. Box 71188
Charleston, S.C. 29415-1188

RE: The tariff classification of a plastic box from China and Taiwan.

Dear Ms. Bennett:

In your letter dated December 22, 1998, on behalf of Medical Action Industries, you requested a tariff classification ruling.

A sample was provided with your letter. The box has a snap lid and is composed of molded plastics. The box measures approximately 4 1/2 inches in length, 3 1/2 inches in depth and 1 1/16 inches in height. The box will be used in hospital operating rooms to account for and dispose of needles. The box will be imported empty, and later filled with a foam pad printed with a numbered grid to account for the disposed needles.

The applicable subheading for the plastic box will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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