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NY J83622




May 7, 2003

CLA-2-39:RR:NC:SP:221 J83622

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Michael E. Murphy
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006-4078

RE: The tariff classification of polyvinyl chloride (PVC) packaging material.

Dear Mr. Murphy:

In your letter dated April 4, 2003, on behalf of Schering-Plough HealthCare Products, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The packaging material consists of a PVC sleeve and two PVC caps. The sleeve, which is approximately 12 3/4 inches in length by 4 3/4 inches in width, is open at both ends and has three small windows cut along its length. After importation, the sleeve will be used to package insoles, at which point the caps will be placed over the open ends of the sleeve. The top cap includes a small cutout so that the packaged product can be hung and displayed in a store. The packaging is disposable. You did not state the country of origin. The rate of duty shown below is the rate applicable to the merchandise when it is made in a country with which the United States has Normal Trade Relations.

The applicable subheading for the PVC packaging sleeves with the caps 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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