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NY G83038




October 17, 2000

CLA-2-73:RR:NC:N1:113 G83038

CATEGORY: CLASSIFICATION

TARIFF NO.: 7310.21.0050; 8309.90.0000

Ms. Cheryl Ellsworth
Harris, Ellsworth & Levin
The Watergate
2600 Virginia Avenue, NW, Suite 1113
Washington, DC 20037

RE: The tariff classification of unfinished cans and can ends from the Dominican Republic

Dear Ms. Ellsworth:

In your letter dated October 2, 2000, on behalf of Empressa La Famosa, Inc., you requested a tariff classification ruling.

The merchandise is unfinished cans and can ends that will be imported in equal numbers and can ends that will be imported without the corresponding number of unfinished cans. Both are made of carbon-steel tinplate. After importation, the cans will be filled and crimped closed with the ends.

The applicable subheading for the unfinished cans and their ends will be 7310.21.0050, 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, cans which are to be closed by soldering or crimping, other. The rate of duty will be free.

The applicable subheading for the ends alone will be 8309.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, caps and lids seals and other packing accessories, of base metal, other. The rate of duty will be 2.6 percent ad valorem.

Articles classifiable under subheading 8309.90.0000, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

Articles classifiable under subheading 8309.90.0000, HTS, which are products of the Dominican Republic are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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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