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June 14, 1999

CLA-2-73:RR:NC:N1:113 E83202

CATEGORY: CLASSIFICATION

TARIFF NO.: 7310.29.0050

Ms. Barbara Dawley
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06430

RE: The tariff classification of retail containers from an unnamed country

Dear Ms. Dawley:

In your letter dated June 9, 1999, on behalf of Independent Can Company, you requested a tariff classification ruling.

The sample you supplied is a steel retail container. The container is 7 ½ inches long, 4 ¼-inches wide, and ½ inch deep [19 cm. x 11 cm. x 1.1 cm]. The empty containers will be imported and re-sold to a company that will fill the containers with watercolor pencils and shrink-wrap each container prior to its being sold at retail. You also state that the importer will import another similar container 7 inches by 10 inches.

The applicable subheading for the containers 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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