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NY R01107

December 7, 2004

CLA-2-39:RR:NC:SP:221 R01107


TARIFF NO. 3923.10.0000

Mr. Robert B. Garetson
MOL Logistics (USA), Inc.
4940 West 147th Street
Hawthorne, CA 90250

RE: The tariff classification of reusable plastic containers from Japan.

Dear Mr. Garetson:

In your letter dated November 24, 2004, on behalf of your client Fujifilm Microdisks USA, Inc., you requested a classification ruling.

The submitted illustrations depict Fuji’s “C-Containers”. The containers are knock down rigid plastic containers that are specially designed for the transportation of Fuji’s raw, unrecorded data storage media tape. Your letter of inquiry states that upon importation, the data tapes are removed from the containers for distribution to Fuji’s customers in the United States. The containers are then “knocked down” for return shipment to Japan to be reloaded with fresh tapes. The new, raw tapes are then exported from Japan in the reusable containers.

The applicable subheading for the plastic knock down containers will be 3923.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: boxes, cases, crates and similar articles. 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.


Robert B. Swierupski

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