The tariff classification of a container from China

NY E8617 3 September 13, 1999 CLA-2-76:RR:NC:N1:113 E86173 CATEGORY: Classification TARIFF NO.: 7612.90.1090 Ms. Barbara Y. Wierbicki Tompkins & Davidson, LLP One Astor Place 1515 Broadway New York, NY 10036-8901 RE: The tariff classification of a container from China Dear Ms. Wierbicki: In your letter dated August 19, 1999, on behalf of Avon Products, Inc., you requested a tariff classification ruling. The sample you submitted is an empty aluminum and plastic tubular container with a removable cap. It measures approximately 4 inches in height and .75 inch in diameter. After importation, the container will be filled with a cosmetic blush stick. The outer case is plastic and the inner tube, which will hold the blush stick, is made of aluminum. The applicable subheading for the container 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 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division