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NY I83995




July 26, 2002

CLA-2-39:RR:NC:SP:221 I83995

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Deborah S. Woodward
Oneida Ltd.
163-181 Kenwood Avenue
Oneida, NY 13421

RE: The tariff classification of plastic packaging trays from China.

Dear Ms. Woodward:

In your letter dated July 1, 2002, you requested a tariff classification ruling.

A sample was provided with your letter. The insert tray is composed of a flocked polyvinyl chloride (PVC) plastic material. The tray will be inserted into a gift box for a fork, knife and spoon. The tray is fitted specifically for these utensils. The tray is flimsy and serves as part of the packaging.

The applicable subheading for the insert tray 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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