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February 25, 1999

CLA-2-39:RR:NC:SP:221 D88118

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0000

Ms. Tania Balog
Ranko Balog Co.
8924 Bellanca Ave.
Los Angeles, CA 90045-4700

RE: The tariff classification of plastic pencil lipstick holders from China.

Dear Ms. Balog:

In your letter dated January 8, 1999, on behalf of Wormser Corporation, you requested a tariff classification ruling.

A sample was provided with your letter. The pencil lipstick holder is composed of plastics. The pencil holder will be imported empty and later filled with lipstick for retail sale. In your letter, you recommend classification in subheading 3926.90.9880, HTS, which provides for other articles of plastics not classifiable elsewhere. The lipstick holder is used to package goods for retail sale. The lipstick holder is more specifically provided for in heading 3923, HTS.

The applicable subheading for the plastic pencil lipstick holder will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics...other. The rate of duty will be 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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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