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NY K87169




July 14, 2004
CLA-2-39:RR:NC:SP:221 K87169

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080; 3923.30.0090; 3923.50.0000; 8424.89.7090

Ms. Maurine Cecil
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of plastic jars, bottles and dispensers from Korea and China.

Dear Ms. Cecil:

In your letter dated June 10, 2004, on behalf of SeaCliff Packaging, Inc., you requested a tariff classification ruling.

Samples were provided with your letter. The first group of samples is made in Korea. The two articles in the group are described as a 15 ml airless package and a 30 ml airless package. The samples are 15 and 30-milliliter plastic dispensing containers with spray tops for liquid gels. They will be imported empty.

The second group of samples includes plastic jars, bottles and tubes made in China. These items will be imported empty for use in packaging products. The plastic lids and plastic caps for this second group of items will sometimes be imported separately from the jars, bottles and tubes.

The samples are being returned as you requested.

The applicable subheading for the airless liquid gel dispensers will be 8424.89.7090, Harmonized Tariff Schedule of the United States (HTS), which provides for other mechanical appliances for projecting, dispersing or spraying liquids. The rate of duty will be 1.8 percent ad valorem.

The applicable subheading for the plastic jars and tubes, whether or not imported with lids and caps, 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.

The applicable subheading for the plastic bottles, whether or not imported with lids or caps, will be 3923.30.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics: carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the plastic lids and caps, when imported separately from tubes, jars and bottles, will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. 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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