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NY F80623




December 17, 1999

CLA-2-39:RR:NC:SP:221 F80623

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a tulip-shaped jewelry presentation container from China.

Dear Ms. Wierbicki:

In your letter dated December 7, 1999, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted with your letter is a jewelry presentation container in the form of a tulip on a stem with leaves. The tulip portion is a hinged container composed of molded plastics material covered with textile flocking. The interior has a textile lining on top and a removable foamed plastics pad in the base. The pad has been slit so that a pair of stud earrings may be inserted. The stem and leaves are composed of wire, paper, plastics and textile. The essential character is imparted by the tulip-shaped plastic container portion. The sample is being returned as you requested.

The applicable subheading for the tulip-shaped jewelry presentation container 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 rate of duty will be 3 percent ad valorem. The rate of duty will remain unchanged in 2000.

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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