CLA-2-39:RR:NC:SP:221 K82055

Mr. Ricardo V. Aguirre, Jr.
A. Burghart Shipping Co., Inc.
700 Rahway Avenue
Union, NJ 07083

RE: The tariff classification of polypropylene containers from China.

Dear Mr. Aguirre:

In your letter dated December 17, 2003, on behalf of Jonestone, Inc., you requested a tariff classification ruling.

Samples of five polypropylene containers with twist-on caps were submitted with your request. Two are bottles and three are tubes. After importation the containers will be filled with craft supplies such as glue, glitter or paint.

The applicable subheading for the polypropylene bottles with a capacity not exceeding 50 ml will be 3923.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics…carboys, bottles, flasks and similar articles, of a capacity not exceeding 50 ml. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the polypropylene bottles with a capacity exceeding 50 ml will be 3923.30.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics…carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the polypropylene tubes will be 3923.90.0080, HTS, which provides for articles for the conveyance or packing of goods, of plastics…other…other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for any 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division