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June 10, 1999

CLA-2-17:RR:NC:SP:232 E82089

CATEGORY: CLASSIFICATION

TARIFF NO.: 7310.29.0050

Ms. Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Ave. South
Kent, WA 98032

RE: The tariff classification of Metal Containers from China.

Dear Ms. Scott:

In your letter dated May 12, 1999, on behalf of Rix Products LLC of Bainbridge Island, Washington, you requested a tariff classification ruling.

You submitted descriptive literature and prototype samples with your request. The samples are being returned as per your request. The merchandise in question is four products which are said to incorporate toys and/or candy. The first item is a reusable metal container, described as tin plated steel, which can hold candy. The candy may or may not be imported with it, but the container is intended to retail with the candy. The samples were approximately 2 3/4 inches in diameter and 2 inches high, brightly decorated to be attractive to children. One sample had a small “teletubby” character permanently affixed to the lid. The second item is a flashlight/candy dispenser approximately 5 inches in length, with an attached metal chain ending in a swiveling lobster claw hook. The third product is an imitation chain saw, 8 inches long by 3 inches wide, that will dispense candy when a button is pushed. The fourth product is a plastic tube, filled with gum, which will have a variety of toppers in the shape of wrestlers or action figures.

Your inquiry does not provide enough information for us to give a classification ruling on the last three items. Your request for a classification ruling should include a breakdown of component materials by weight and percentage of ingredients for
all the candy and/or gum components. In addition, in order to be classified properly, production samples of these items should be submitted in their retail packaging and with all appropriate advertising and marketing literature.

The applicable subheading for the tin plated steel 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 (other than compressed or liquefied gas), 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 this 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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski

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