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NY N024485




April 4, 2008

CLA-2-39:OT:RR:E:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5600

Mr. Troy D Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a plastic reusable bottle from China

Dear Mr. Crago:

In your letter dated March 11, 2008 you requested a tariff classification ruling.

The submitted illustration depicts an item identified as a plastic bottle, item number C011CA00054. This bottle is made of plastic material consisting of 50% polyethylene terephthalate (PET) and 50% polypropylene (PP). It stands 5-1/4” in height, 1-3/8” in width and 1-3/8” in depth. It has a removable cap. The cap does not have a pump. One side pushes into the frame of the cap which raises the other side. The side that is raised has an aperture through which the contents can be dispensed by squeezing the bottle. However, the bottle will be imported empty and sold to the consumer empty from store shelves. The bottle is reusable and will be sold as a travel bottle, to be filled by the consumer with lotions, shampoos or whatever other liquid that the consumer desires.

The applicable subheading for item number C011CA00054 will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides fortoilet articles, of plastics: other: other. The rate of duty will be 3.4 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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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