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NY G83592




November 13, 2000

CLA-2-39:RR:NC:SP:221 G83592

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Robert Glover
L.E. Coppersmith, Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of a plastic container from Spain.

Dear Mr. Glover:

In your letter dated October 20, 2000, on behalf of the ABP Group, you requested a tariff classification ruling.

A sample was provided with your letter. The plastic container is round. After importation, the container will be packaged with a prize for use in a vending machine. Although there is a slit in the top of the container, the product does not have a practical use as a bank due to the flimsy, insubstantial quality of the plastic and the instability caused by the round bottom.

The applicable subheading for the plastic 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.

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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