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NY L89967





January 24, 2006

CLA-2-39:RR:NC:SP:221 L89967

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. William E. Kentor
Great Foods Inc.
1255 Crofton Avenue
Highland Park, IL 60035

RE: The tariff classification of a plastic container from China.

Dear Mr. Kentor:

In your letter dated January 9, 2006, you requested a tariff classification ruling.

The sample provided with your letter is a disposable container used to package honey. The container is composed of clear polyethylene plastic and is in the shape of a bear with a flat front and back where the labels will be affixed. The containers will be imported with capacities ranging from 4 ounces to 16 ounces. The plastic cap has an attached lid that flips open so that the honey can be dispensed through a small hole.

The applicable subheading for the plastic honey container will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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