CLA-2-76:RR:NC:N1:113 C89878

Mr. Peter D. Alberdi

A. J. Arango, Inc.

1516 E. 8th Avenue

Tampa, FL 33605

RE: The tariff classification of aluminum pouches from Italy

Dear Mr. Alberdi:

In your letter dated July 1, 1998, on behalf of Tropical Products, Inc., you requested a tariff classification ruling.

The merchandise is a 33-centiliter aluminum pouch for the packaging of beverages. The pouch is 84 mm wide and 174 mm long. It contains a straw which is connected to its plastic screw top.

The applicable subheading for the pouch will be 7612.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum casks, drums, cans, boxes and similar containers, for any material, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment, other, of a capacity not exceeding 20 liters, other. The rate of duty will be 5.7 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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division