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NY 807937




April 6, 1995

CLA-2-39:S:N:N6:221 807937

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.30.0090; 3923.50.0000

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, Minnesota 55425

RE: The tariff classification of soap and bubble bath plastic bottles from China.

Dear Ms. Peiffer:

In your letter dated March 6, 1995, on behalf of Minnetonka Brands, Inc., you requested a tariff classification ruling.

The soap and bubble bath plastic bottles will be imported empty and filled after importation. The bottles are in the shapes of various "Muppet" and "Snoopy" characters. The Muppet characters include Oscar and Zoe, and the Snoopy characters include Beagle Scout, Joe Cool and Flying Ace. Some shipments will contain only the heads, bodies or plastic caps imported separately. The characters represent creatures or animals. This ruling does not apply to any other characters, particularly those representing human figures.

The applicable subheading for the soap and bubble bath plastic bottles, when imported complete or as individual bodies separate from the heads, will be 3923.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics....carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the caps, when imported separately, will be 3923.50.0000, HTS, which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

The classification of the heads when imported separate from the bottle has been forwarded to Customs Headquarters. You will received a response directly from the Headquarters office.

Importations of these products might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with the United States Customs Service.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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