CLA-2-39:OT:RR:NC:N4:422

Mr. Aaron Cullen
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of plastic stacked containers from China

Dear Mr. Cullen:

In your letter dated February 9, 2012, on behalf of CVS/Pharmacy, you requested a tariff classification ruling.

The submitted samples are all made of transparent polypropylene (PP) plastic material and are identified as follows:

Item number 880538 – Super Stacker-3 pack. This item consists of three stackable lidded containers of pink color that are of three different sizes with the following approximate measurements: 5.75” x 3.75” x 3.5” in height; 4.25” x 3.25” x 1.5” in height; and 2.75” x 2.25” x 1” in height.

Item number 880540 – Super Stacker-5 pack. This item consists of five stackable lidded containers of green color that are all the same size, each measuring approximately 2.75” x 2.25” x 2” in height.

Item number 880541 – Super Stacker-2 pack. This item consists of two stackable lidded containers of blue color that are all the same size, each measuring approximately 8” x 3.5” x 1.5” in height.

As you requested, the samples will be returned to you

The applicable subheading for Item number 880538, Item number 880540, and Item number 880541 will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: other: other…other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Gary Kalus at (646) 733-3055.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division