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NY J80634




February 11, 2003

CLA-2-39:RR:NC:SP:221 J80634

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000; 3926.90.9880

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a plastic bottle and plastic reusable freezer refills from China.

Dear Ms. Santos:

In your letter dated January 28, 2003, you requested a classification ruling.

You have submitted two samples that consist of a plastic freezer bottle and plastic freezer reusable refills.

The 32-ounce plastic freezer bottle with a twist off top is identified as item number 212794. A plastic freezer refill attached to the cap is included inside the bottle. The freezer refill stick contains a gel that freezes when placed in a refrigerator freezer. The gel contains a blend of polymers and other ingredients. The freezer stick can be attached to the bottle cap and placed inside the bottle to keep your drink cold. The freezer sticks are reusable and will not dilute your beverage.

Item number 212789 is a package of two reusable freezer refills. They are packed together in clear plastic on a card for retail sale. The plastic freezer refill sticks may be used with the 32-ounce plastic bottle.

The samples are returned as you requested.

The applicable subheading for item number 212794, the 32-ounce plastic bottle, will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for item number 212789, the two-pack freezer refills, will be 3926.90.9880, 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.

Sincerely,

Robert B. Swierupski
Director,

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