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NY R00119





March 9, 2004
CLA-2-39:RR:NC:SP:221 R00119

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 3923.50.0000

Mr. Ian Bruce Bigham
Bee-O-Sphere Technologies
303 West ¼ Line, RR1
St. Williams, Ontario, Canada, N0E 1P0

RE: The tariff classification of the “Bee-0-Pac” honey collecting and packaging system from Canada.

Dear Mr. Bigham:

In your letter dated February 10, 2004, you requested a tariff classification ruling.

A picture was provided with your letter. The Bee-O-Pac is a system for the collection and packaging of honey. It consists of plastic frame halves that can be assembled and placed in a beehive. Each frame provides 16 packs for the bees to fill with comb honey. The filled packs can then be separated from the frames and closed with a separate lid provided for each pack. The frame halves nest together and are packaged 48 pieces in a box. The lids also nest together and are shipped 384 lids in a separate box. You suggest classification in heading 3923, which provides for articles for the conveyance or packing of goods. Although this system is use to package honey, it is also used in the collection of honey.

The applicable subheading for the plastic packs and frames will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The general rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic lids will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. The general 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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