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NY J86508




July 18, 2003

CLA-2-70:RR:NC:2:226 J86508

CATEGORY: CLASSIFICATION

TARIFF NO.: 7010.90.30

Mr. Robert Noell
Cain Customs Brokers, Inc.
1701 East Industrial
P.O. Box 1809
Hidalgo, TX 78557

RE: The tariff classification of an empty glass perfume bottle from Mexico

Dear Mr. Noell:

In your letter received on June 27, 2003, on behalf of your client, Risdon AMS, you requested a tariff classification ruling. A representative sample was submitted with your ruling request.

The submitted sample is an empty, threaded glass tube-shaped bottle encased in a plastic outside cover. A blue mixture consisting of glycerin and mineral oil moves through the empty space between the plastic outer cover and the glass inner tube thus creating a wave-like appearance.

You indicated in your letter that this product will be imported empty and sold to a perfume manufacturer in the United States. After importation, the perfume manufacturer will fill the glass bottle with perfume. The glass bottle holds 2.5 ounces or 0.075 liters of perfume when filled. You stated that the threaded cap for the perfume bottle would not imported with the bottle. The bottle will only be sold to consumers filled with perfume.

The applicable subheading for the empty glass bottle will be 7010.90.30, Harmonized Tariff Schedule of the United States (HTS), which provides for carboys, bottles, flasks, jars, vials, ampoules, and other containers, of glass, of a kind used for the conveyance or packing of goods; other: containers (with or without their closures) of a kind used for conveyance or packing of perfume or other toilet preparations; other containers if fitted with or designed for use with ground glass stoppers: other. The rate of duty will be 5.2 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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