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NY G84130




November 30, 2000

CLA-2-39:RR:NC:SP:221 G84130

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of beverage bottles with wraps/carriers from China.

Dear Ms. Goldfischer:

In your letter dated October 30, 2000, on behalf of Outer Circle Products Inc., you requested a tariff classification ruling.

Two samples were submitted with your request. The sample identified as a bottle with wrap is a cylindrically shaped molded plastic beverage bottle with a detachable plastic lid having an extendable valve drinking spout. The bottle will be imported in capacities of 0.5, 1, and 1.5 liters. It is imported and sold with a fitted insulated wrap that is form fitted to the size and shape of the beverage bottle. The wrap has an opening at the top through which the lid of the bottle protrudes and a zipper around the bottom to allow for removal of the bottle for washing. The bottle wrap is made from an outer layer of embossed compact plastic sheeting backed with a textile fabric, laminated to an inner layer of foamed plastic backed with textile fabric. The foamed layer provides some insulating qualities to the wrap. The bottle wrap has a nylon webbed carrying strap. The bottle and its wrap/carrier form a composite good, with the essential character imparted by the bottle.

The sample identified as a personal size jug is an oval shaped molded plastic beverage container with a detachable plastic lid that contains a rounded spout designed for sipping or pouring. The jug will be imported in capacities of 1 quart, ½ gallon and 1 gallon. The jug is imported and sold with a fitted insulated wrap that is form fitted to the size and shape of the beverage container. The wrap has an opening at the top through which the lid of the jug protrudes, and a zippered opening at the top to allow for removal of the jug for washing. The jug wrap is made from an outer layer of embossed compact plastic sheeting backed with a textile fabric, a middle layer of foamed plastic, and an inner lining of plastic sheeting. The foamed plastic layer provides some insulating qualities to the wrap. The jug wrap has a nylon webbed carrying strap and pouring handle. The jug and its wrap/carrier form a composite good, with the essential character imparted by the jug. The samples are being returned as you requested.

The applicable subheading for the bottle with wrap and personal size jug with wrap will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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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