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May 12, 1999

CLA-2-73:RR:NC:N1:113 E81833

CATEGORY: CLASSIFICATION

TARIFF NO.: 7310.29.0050

Ms. Jodi A. Leafer
USI Northeast Distribution and Customer Service Center 150 Hartwell Street
West Boylston, MA 01583

RE: The tariff classification of metal tins from China

Dear Ms. Leafer:

In your letter of no date, received in this office on May 6, 1999, on behalf of Speedway Super America, you requested a tariff classification ruling.

The sample you provided is a metal container, 6 inches in diameter and 1 3/4 inches in height. It is made of steel and is decorated with painted fruits. After importation, it will be used as a retail container for candy.

The applicable subheading for the container will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tanks, casks, drums, cans, boxes and similar containers, for any material . . . of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment, of a capacity of less than 50 liters, other, other. The rate of duty will be free.

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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