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NY L86242




August 25, 2005

CLA-2-76:RR:NC:N1:113 L86242

CATEGORY: CLASSIFICATION

TARIFF NO.: 7612.90.1030

Ms. Carol Shelsy
K.A.B. Customs Broker
The Euro-American Building
375 Airport Drive
Worcester, MA 01602

RE: The tariff classification of aluminum canisters from France

Dear Ms. Shelsy:

In your letter dated August 2, 2005, on behalf of Sepracor, you requested a tariff classification ruling.

The samples you provided are 18-ml and 14-ml aluminum canisters used to package aerosol pharmaceutical preparations. You propose classification in heading 9019, HTS. However, the sample is a canister that the drug company will buy to fill with medicament and propellants, put a top on it, and sell to the consumer. If that filled canister were imported, it would be in classified in Chapter 30, not 9021. Even if it were considered a part or accessory of HTS 9019, it would be excluded from classification in HTS 9019 by Additional US Rule of Interpretation 1-c, since, per se, it is covered by the more specific heading 7612, HTS. You cite NYRL C89557-105, 7-15-98. However, that item was not a canister, but a device, as imported, capable of shooting fine streams of solutions up the nostril.

The applicable subheading for the aluminum canisters will be 7612.90.1030, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum casks, drums, cans, boxes and similar containers for any material other: of a capacity not exceeding 20 liters: cans of a capacity not exceeding 355 ml. The rate of duty will be 5.7 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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