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NY N014655




August 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Sara M. Hachmann
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355

RE: The tariff classification of a plastic packaging tube from Japan

Dear Ms. Hachmann:

In your letter dated July 17, 2007, you requested a tariff classification ruling. The sample which you submitted is being returned as you requested.

The sample submitted with your request is identified as a plastic tube with flip-top dispensing closure, SKU PTP1734. The tube is used for the packaging of cosmetic polishing scrub. The tube and closure are imported assembled. The tube is opened at the bottom so that it can be filled. After the tube is filled with the scrub, the bottom is heat sealed. You state that the tube is made of polyethylene and poly(ethylene vinyl alcohol) and that the flip top closure is made of polypropylene.

The applicable subheading for the plastic packaging tube 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 plasticsotherother. 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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