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March 5, 1999

CLA-2-76:RR:NC:N1:113 D87115

CATEGORY: CLASSIFICATION

TARIFF NO.: 7612.90.1090

Ms. Connie Hagarman
A. W. Fenton Company
1157 Rarig Avenue
Columbus, OH 43219

RE: The tariff classification of ice cream cone sleeves from Germany

Dear Ms. Hagarman:

In your letter dated February 9, 1999, on behalf of Norse Dairy Systems, you requested a tariff classification ruling.

The merchandise is an ice cream cone sleeve, used to package a pre-made ice cream cone. This sleeve is made of aluminum foil and paper formed into a conical shape. After importation, the sleeve will be filled with the product and sold at retail.

The applicable subheading for the ice cream sleeve will be 7612.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum casks, drums, cans, boxes and similar containers, for any material, of a capacity not exceeding 300 liters, other, of a capacity not exceeding 20 liters, other. The rate of duty will be 5.7 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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