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NY M80565




February 16, 2006

CLA-2-39:RR:NC:N2:221 M80565

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3923.90.0080

Mr. Ian Whiton
Transmonde Marketing Group, Ltd.
765 Shore Road, Suite 2K
Long Beach, NY 11561

RE: The tariff classification of energy drink powder containers from China

Dear Mr. Whiton:

In your letter dated February 1, 2006, you requested a tariff classification ruling.

The sample submitted with your request, identified as a “Fizz Bomb test tube,” is a plastic container, molded roughly in the shape of a bomb, which will be used to package an energy drink powder. The consumer mixes the powder with water to form an energy drink. The container has been shrink wrapped with a clear plastic label printed with ingredient and nutritional information.

The sample is being returned as you requested.

The applicable subheading for the Fizz Bomb test tube 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, 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/.

You have asked whether the Fizz Bomb test tubes need to be individually marked with the country of origin, since they will be used for packaging energy powder that is made in the United States. You state that the master cartons in which the fizz bombs are imported will be marked to indicate China as the country of origin.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States shall be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Section 134.24(b), Customs Regulations, provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the ultimate purchasers of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages are marked to indicate the country of origin of the containers.

The Fizz Bomb test tubes are considered to be disposable containers. When imported empty they need not be individually marked with their own country of origin provided the shipping containers in which they are imported are marked to indicate the country of origin and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened. The firm that packages the energy drink powder into the Fizz Bomb test tubes is considered to be the ultimate purchaser.

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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