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NY J85377




July 2, 2003

CLA-2-39:RR:NC:SP:221 J85377

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.10.0000

Mr. Keith Landry
Kuehne & Nagel, Inc.
235 Southfield Parkway
Forest Park, GA 30297

RE: The tariff classification of plastic produce containers from Italy.

Dear Mr. Landry:

In your letter dated June 2, 2003, on behalf of APM/NNZ Industrial Packaging, Inc., you requested a tariff classification ruling.

Three samples were provided with your ruling. All three plastic containers are used to package produce. The containers are the type that are typically found in grocery and produce stores, and are sold at retail sale with produce. The containers are flimsy and are of a kind normally discarded after one-time use.

The applicable subheading for the plastic produce containers 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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