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NY B87953

August 18, 1997

CLA-2-39:RR:NC:2:221 B87953


TARIFF NO.: 3923.90.0000

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a plastic container from the United Kingdom.

Dear Ms. Gibson:

In your letter dated July 24, 1997, you requested a tariff classification ruling.

The container is composed of both plastics and paper. The container which is cylindrical and measures approximately 10" in length and 2 inches in diameter, is in the shape of a cracker party favor. After importation a Bath and Body Works product will be packaged into the plastic portion of the container.

You suggest classification in heading 9505, which provides for party favors. This product, however, is not a party favor; it is a container which merely has the shape of a cracker party favor. As you requested, your sample is being returned.

The applicable subheading for the container will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.

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 212-466-5580.


Gwenn Klein Kirschner
Chief, Special Products Branch

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