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NY F88589

June 30, 2000

CLA-2-48:RR:NC:SP:234 F88589


TARIFF NO.: 4819.50.4040

Ms. Jennifer Parker
World Commerce Services, Inc.
830 Dillon Drive
Wood Dale, IL 60191

RE: The tariff classification of a “candy box,” made of cardboard and fabric, from China.

Dear Ms. Parker:

In your letter dated June 13, 2000, on behalf of your client, Axiz Group, you requested a tariff classification ruling.

A sample identified as a “candy box” was submitted and will be retained for reference. It is a round (cylindrical) box, approximately 6½” in diameter by 3¼” in height, with a removable lid. Both the box and its lid are made of white, non-corrugated coated paperboard, but the exterior surface of the lid is, in addition, covered with padded red velvet textile fabric. A 20” red ribbon is attached to the box in such a way that it can act as a carrying handle that arches over the top. The interior does not have any compartments, fittings or the like, but is lined with a loose piece of tissue paper. In response to a telephone inquiry by this office, Ms. Mary Spizzirri of your office advised that following importation, these boxes will be used to pack candies for retail sale.

You suggest that the boxes should be classified in subheading 6307.90.99, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles. However, we find in this instance that the textile covering (which, as noted above, is limited to the exterior of the lid) is insufficient to cause the product to lose its identity as a paperboard article. For tariff purposes, the paperboard will be regarded as the material that imparts the essential character of the composite good.

Accordingly, the applicable subheading for the candy box will be 4819.50.4040, HTS, which provides for other (than certain enumerated) packing containers, of paper or paperboardrigid boxes and cartons. The rate of duty will be 2.1%.

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 Carl Abramowitz at 212-637-7060.


Robert B. Swierupski

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