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NY I85319

August 26, 2002

CLA-2-39:RR:NC:SP:221 I85319


TARIFF NO.: 3926.90.9880

Mr. Jim Wickstead
Eagle Global Logistics, Inc.
991 Supreme Drive
Bensenville, Illinois 60106

RE: The tariff classification of a plastic container.

Dear Mr. Wickstead:

In your letter dated August 2, 2002, on behalf of Adpac Corporation, you requested a tariff classification ruling.

A sample was provided with your letter. The plastic container is cylindrical, with a diameter of approximately 2 inches and a height of approximately 5 inches. The container has a clip with which it can be hooked to a belt or backpack. The containers will be imported empty and later packaged with products such as cookies. The container can then be used to hold small personal items. You did not state the country of origin. The rate of duty shown below is the rate applicable to this product when it is made in a country with which the United States has Normal Trade Relations.

You suggest classification in subheading 9505.90.6000, HTS, which provides for other toys. However, there is nothing which can be considered amusing about this product. It is merely a container to hold items.

The applicable subheading for the plastic container will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. 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 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 646-733-3023.


Robert B. Swierupski

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