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NY M80518




March 10, 2006

CLA-2-28:RR:NC:SP:236 M80518

CATEGORY: CLASSIFICATION

TARIFF NO.: 2811.21.0000

Mr. James Gallagher
CH Robinson International
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of Metal Cylinder filled with Carbon Dioxide from China

Dear Mr. Gallagher:

In your letter dated February 14, 2006, on behalf of your client, The Fairway Buying Group, you requested a tariff classification ruling.

No sample was provided with the ruling request. Your letter and picture indicates the metal cylinder will be filled with 12 grams of carbon dioxide. The metal cylinder is not reusable, but considered ordinary packing. The cylinder is used in air pistols and rifles to propel the pellet/bb in these guns.

The applicable subheading for the carbon dioxide will be 2811.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic acids and other inorganic oxygen compounds nonmetals: Other inorganic oxygen compounds of nonmetals: Carbon dioxide. The rate of duty will be 3.7 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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