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NY I89645




January 6, 2003

CLA-2-39:RR:NC:SP:221 I89645

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.10.0000

Ms. Leslie Araki
SST International, Inc.
10415 S. La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

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

Dear Ms. Araki:

In your letter dated December 27, 2002, on behalf of Tradewind Farms, Inc., you requested a tariff classification ruling.

A sample, cut in half for mailing purposes, was provided with your letter. The plastic container will be imported empty and used to package fruit for retail sale. The container has an attached lid. The container is flimsily constructed and would generally be discarded after one-time use.

The applicable subheading for the plastic container will be 3923.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: boxes, cases, crates and similar articles. 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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