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March 4, 1999

CLA-2-39:RR:NC:SP:221 D87804

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Anthony Cuschieri
International Packaging Firms, Inc.
64 Hillside Avenue
Westwood, NJ 07675

RE: The tariff classification of packaging tubes from India.

Dear Mr. Cuschieri:

In your letter dated February 11, 1999, you requested a tariff classification ruling.

A sample was provided with your letter. The tubes are composed of plastics and formed through extrusion. The sample has a threaded lip and cap, though some tubes will be imported without a cap. The sample is printed and will be used to package moisturizing gel for retail sale. Some tubes will be imported without printing. The tubes will be imported open at one end so that they can be filled.

The applicable subheading for the tubes will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics, other. The duty rate will be 3 percent ad valorem.

Articles which are classifiable under subheading 3923.90.0080, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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