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NY K87843

August 5, 2004
CLA-2-39:RR:NC:SP:221 K87843


TARIFF NO. 3923.50.0000; 3923.90.0080

Ms. Barbara J. Azzaretti
A&Z Pharmaceutical, Inc.
180 Oser Avenue, Suite 300
Hauppauge, NY 11788

RE: The tariff classification of a plastic jar and a plastic cap from China.

Dear Ms. Azzaretti:

In your letter received in this office on July 14, 2004, you requested a classification ruling.

You have submitted a sample of a plastic jar (120cc) and a plastic cap (38mm) made of polyethylene material. Your letter of inquiry states that the items will be used in the packaging of pharmaceutical products in the United States.

The applicable subheading for the plastic jar, whether imported with or without the cap, will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plasticsother. The rate of duty will be 3 percent ad valorem.

The applicable subheading for plastic caps imported separately will be 3923.50.0000, HTS, 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 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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