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July 15, 1999

CLA-2-39:RR:NC:SP:221 E84116


TARIFF NO.: 3923.10.0000

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of plastic blusher pots from China.

Dear Ms. Bauman:

In your letter dated June 30, 1999, on behalf of Topline Products Company, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The plastic blusher pots will be imported empty and later filled with cosmetics for retail sale. The pots are molded to form two compartments. The top compartment is designed to be filled with blush. The lid of the top compartment is clear so that the buyer can see the color of the blush before purchase. The bottom compartment is molded to form an enclosure which will be fitted with either a brush or sponge applicator. The lid of the bottom compartment is fitted with a mirror. The blusher pot and brush or sponge applicator form a composite good, with the essential character imparted by the blusher pot. You have inquired about visa requirements and quota categories. The blusher pots are not subject to visa or quota. As you requested, the sample is being returned.

The applicable subheading for the blusher pots will be 3923.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics...boxes, cases, crates and similar articles. 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 212-637-7034.


Robert B. Swierupski

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