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January 5, 1999

CLA-2-39:RR:NC:SP:221 D86186


TARIFF NO.: 3923.90.0080; 3923.50.0000

Mr. Field Barnes
R.F. Barnes Customs Broker
216 E. Rhapsody
San Antonio, TX 78216-3114

RE: The tariff classification of plastic containers from Mexico.

Dear Mr. Barnes:

In your letter dated December 16, 1998, on behalf of Twang, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The container will be imported in parts, filled with flavored salt, snapped together and then offered for retail sale. The top and bottom caps are classified with the containers. However, any caps imported either separately from, or in excess of, the containers will be classified separately.

The applicable tariff provision for the plastic containers and their caps will be 3923.90.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles for the conveyance or packing of goods, of plastics, other. The general rate of duty will be 3 percent ad valorem. The applicable tariff provision for the plastic caps, if imported separately from, or in excess of, the containers, will be 3923.50.0000, HTSUSA, which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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.


Robert B. Swierupski

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