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NY L83589




April 20, 2005

CLA-2-39:RR:NC:SP:221 L83589

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080; 8309.90.0000

Mr. Warren E. Coe
Access Business Group International LLC
7575 Fulton Ave SE
Ada, Michigan 49355

RE: The tariff classification of a lipstick tube and cap.

Dear Mr. Coe:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

The two samples provided with your letter comprise a lipstick container. The two components will be imported separately. The lipstick tube holder (PTL 1006) is composed of a plastic shell with a telescoping plastic tube and an aluminum base. The essential character of the tube holder is imparted by the plastic components. The overcap (POL1007A) is composed of anodized aluminum. You did not state the country of origin. The rates of duty provided below are the rates applicable to the goods when they are made in a country with which the United States has Normal Trade Relations.

The applicable subheading for the lipstick tube holder will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plasticsother. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the aluminum cap will be 8309.90.0000, HTS, which provides for stoppers, caps and lidsof base metal, other. The rate of duty will be 2.6 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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