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NY N018435




October 23, 2007

CLA-2-39:OT:RR:NC:SP: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 plastic mascara containers from Mexico.

Dear Ms. Hachmann:

In your letter dated October 8, 2007, you requested a tariff classification ruling.

The two samples provided with your letter are described as plastic mascara tank wipers. Both are plastic tube-like container bases composed of molded plastics. After importation the containers will be filled with mascara and fitted with application brush caps for retail sale. The tubes incorporate an inner ledge for wiping excess mascara from the brush. SKU No. PTP1919 will be used to package smudgeproof mascara. SKU No. PTP1920 will be used to package waterproof mascara. As you requested, the samples will be returned.

The applicable subheading for the empty plastic mascara containers will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or goods, of plastics: other: other. The general 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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