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NY M82236




April 17, 2006

CLA-2-39:RR:NC:N2:221 M82236

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Carol Applegate
New Wave Logistics (USA) Inc.
2417 E. Carson Street, Suite 200
Long Beach, CA 90810

RE: The tariff classification of biodegradable resin packaging trays from Korea

Dear Ms. Applegate:

In your letter dated April 6, 2006, on behalf of Concord Products, Inc., California, you requested a tariff classification ruling.

The sample submitted with your letter is a tray used for packaging meats or other food products. You describe the component material as biodegradable resin. The resin is derived from cornstarch.

The applicable subheading for the biodegradable resin packaging tray 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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