The tariff classification of plastic containers from China

N071081 August 31, 2009 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.29.0000; 3923.90.0080; 4202.92.4500; 6307.10.2030 Mr. Michael Skidmore Customs Broker 103 Greenleaf Street Quincy, MA 02169 RE: The tariff classification of plastic containers from China Dear Mr. Skidmore: In your letter dated July 30, 2009, on behalf of Hilsinger Company, you requested a tariff classification ruling. Five samples were submitted with your request. All are cases or containers that will be filled after importation with eyewear care products. The samples are being returned as you requested. Item #095010000/clear is a rigid molded plastic container that is flat at the bottom and rounded at the top. The container is shaped and fitted to contain an eyewear repair kit. It is of one piece clamshell style construction with a self hinge at the fold. The interior is molded into compartments to fit the contents of the repair kit that will be packaged inside after importation. The container measures approximately 3 ¼ inches at the bottom, which is its widest point, by 2 ¾ inches in height, not counting the additional hangtag that is molded into the container. The depth in its closed condition is approximately 5/8 inch. Item #156030300 is a pouch made of clear polyvinyl chloride (PVC) plastic sheeting that is approximately 18 mils in thickness. The pouch measures approximately 5 ½ inches in width, 4 ½ inches in height and 1 ½ inches in depth. The pouch closes by means of a flap with a metal backed hook and loop fastener snap. There is an additional compartment on the inside to fit a bottle of lens cleaning fluid that will be inserted after importation. A plastic tab with a cut-out slot has been riveted onto the back of the toiletry pouch. This tab enables the pouch to be slid onto a store point-of-purchase display rack. This tab is permanently attached to the pouch and cannot be removed without damage to the pouch. An eyeglass cleaning cloth, measuring approximately 5 ¾ inches by 7 inches, is included at the time of importation. It is made of manmade fiber knit fabric and has pinked edges. Cleaning cloths with pinked edges are considered to be made-up textile articles. The lens cleaning fluid and other eyewear care products, such as wipes, will be added after importation. Item #157000100 is a pouch made of clear PVC plastic sheeting that is approximately 11 mils in thickness. The pouch measures approximately 1 ½ inches in width, 4 ½ inches in height and ¾ inch in depth and closes by means of a flap with a metal backed hook and loop fastener snap. The side seams are sewn while the bottom has tucked-in folded flaps. A plastic tab with a cut-out slot has been sewn onto the back of the toiletry pouch. This tab enables the pouch to be slid onto a store point-of-purchase display rack. The tab is permanently attached to the pouch and cannot be removed without damage to the pouch. The pouch is designed to hold a bottle of lens cleaning fluid, a cleaning cloth and in some cases a keychain screwdriver. An eyeglass cleaning cloth made of manmade fiber knit fabric with pinked edges is included at the time of importation. The other components will be inserted after importation. Item #156020100 and Item #RWVINYLT-02 NT are similar to toiletry bags. Each is constructed with an outer surface of PVC plastic sheeting material that measures approximately 18 mils in thickness. Each bag is of a durable construction, capable of repetitive reuse, and is of a kind typically sold at retail on its own merits. The bags are designed to provide storage, protection, portability and organization to toiletry articles, lens cleaning fluid, or other small personal effects. They each feature one main storage compartment and a flap closure secured by means of a hook-and-loop fastener. The applicable subheading for Item # 156030300 and Item #157000100 will be 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags (including cones)…of other plastics. The rate of duty will be 3 percent ad valorem. The applicable subheading for Item #095010000/clear will be 3923.90.0080, HTSUS, 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 Item #156020100 and Item #RWVINYLT-02 NT will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem. The applicable subheading for lens cleaning cloths imported with any of these containers will be 6307.10.2030, HTSUS, which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other… other. The rate of duty will be 5.3 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division