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NY L81049




December 15, 2004

CLA-2-39:RR:NC:1:126 L81049

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Thinhuha Luong
Chemia Corporation
11558 Rock Island Court
Maryland Heights, MO 63043

RE: The tariff classification of an empty acrylic jar from China

Dear Ms. Luong:

In your letter dated November 8, 2004, you requested a tariff classification ruling. Representative samples of the items you wish to import were submitted with your ruling request.

Item FY-A03-50B is an empty 50ml clear acrylic jar with a removable twist-off lid. It is approximately a three-inch square-shaped jar with rounded corners. You indicated in your letter that this item will be shipped empty to your company in the United States where it will be filled with cosmetic products.

The applicable subheading for the empty acrylic jar 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 plastics: other. The rate of duty will be 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.

With regard to the small bottle (15ml) - Item FY-B01-15A and the large bottle (30ml) - Item FY-BO1-30A, we do not have sufficient information to issue a tariff classification ruling.

In order to issue a ruling on the two bottles, we need the following additional information. Please submit the additional information indicated below.

For each article, please indicate what type of cosmetic products will be contained in each bottle. Please provide any advertising literature and/or a catalogue on how these two products will be marketed and sold.

Please indicate whether each of these items incorporates a sprayer mechanism. Does the bottle dispense a scent (i.e., perfume or other scent) or another type of material? Please specify.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please resubmit the two samples and a copy of your original letter, along with any additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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