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NY J80635




February 11, 2003

CLA-2-39:RR:NC:SP:221 J80635

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.9880

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of plastic reusable freezer refills from China.

Dear Ms. Santos:

In your letter dated January 28, 2003, you requested a classification ruling.

You have submitted samples of plastic freezer sticks.

Item number 212786 is a package of two freezer sticks made of plastic. The freezer sticks contain a gel that freezes when placed in a refrigerator freezer. The gel contains a blend of polymers and other ingredients. The freezer sticks fit inside most water and soda bottles. They are designed with a pop-up sipper cap that has a twist and lock feature. The freezer sticks fit inside the sipper cap. They are available in two sizes for use with different bottles. When the freezer sticks are frozen, they can be placed inside water or soda bottles to keep drinks cold and will not dilute your beverage. They are packaged together in clear plastic on a card for retail sale.

The samples are returned as you requested.

The applicable subheading for item number 212786, the two-pack freezer sticks with sipper tops 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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