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NY K89780

October 5, 2004
CLA-2-39:RR:NC:SP:221 K89780


TARIFF NO.: 3923.50.0000; 3923.90.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of containers from China.

Dear Mr. Hoffacker:

In your letter dated September 23, 2004, on behalf of Modern Plastics Technics, Inc., you requested a tariff classification ruling.

The samples submitted with your request are small containers made of polypropylene plastic used for packaging oral medication in dry strip formulation. The product is a translucent two-part injection molded container approximately 2 inches long, 1¼ inches wide and ¼ inch thick when assembled. The base of the container is a tray designed to hold rectangular strips of dry strip medications such as breath fresheners or sore throat medications. The lid has a hinged flap to allow for dispensing of individual strips of medication. The container may be imported as two separate parts ready for automated filling and assembly. The samples are being returned as you requested.

The applicable subheading for both the complete containers and for the base trays will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the top lid with hinged flap 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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