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NY K81383




December 29, 2003
CLA-2-39:RR:NC:SP:221 K81383

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000; 3923.90.0080

Ms. Kim Pinnella
DHL Danzas Air & Ocean
33 Washington Street, 16th Floor
Newark, NJ 07201

RE: The tariff classification of a plastic cap and plastic tube from Hong Kong.

Dear Ms. Pinnella:

In your undated letter, received in this office on December 2, 2003, on behalf of Betts USA Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The plastic cap will be used to seal a tube of toothpaste. The cap has a musical chip which is activated whenever the cap is removed from the toothpaste tube. A tune will play for approximately 70 seconds to encourage children to brush. Though you specifically asked for the classification of the cap, the sample you provided consists of a cap and plastic toothpaste tube. If the tube is imported with the cap, the cap and tube are classified together, with the essential character imparted by the tube. As you requested, the sample will be returned.

The applicable subheading for the plastic cap, when imported separately from the tube, will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the tube, when imported alone or with a cap, will be 3923.90.0080, 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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