HQ 084974: Plastic jars

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084974

                                   October 17, 1989


            CLA-2 CO:R:C:G 084974  JLJ

            CATEGORY:  Classification

            TARIFF NO.:  3923.90.0000

            Ms. Theresa M. Plant
            Exaplast S.A.
            c/o Banco de Sabadell
            405 Lexington Avenue, 37th Floor
            New York, New York  10174

            RE:  Plastic jars

            Dear Ms. Plant:

                 You requested a tariff classification for plastic jars
            manufactured in Spain.  You submitted two samples of your jar
            No. Tarro 61/50 along with your request.

            FACTS:

                 The samples submitted are double walled plastic jars.  The
            outer walls are made of SAN (styrene acrylonitrile polymer, a
            polystryrene) while the inner walls and seal are made of
            polypropylene.  The jars will be used to package cosmetic
            products.

                 You state that our New York office verbally advised you
            that the jars would be classified under the provision for
            plastic carboys, bottles, flasks and similar articles for the
            conveyance or packing of goods, in subheading 3923.30.0000,
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            ISSUE:

                 How are the instant plastic jars classified?

            LAW AND ANALYSIS:

                 Upon examination of the samples, they do not seem to be
            similar to carboys, bottles or flasks.  Jars can be
            distinguished from bottles, because bottles usually have a
            neck, while jars have a broad-mouthed opening.  Since there is
            no more specific provision for them, the instant plastic jars













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            are therefore classifiable under the provision for other
            plastic articles for the conveyance or packing of goods, in
            subheading 3923.90.0000, HTSUSA, dutiable at the rate of 3
            percent ad valorem.

            HOLDING:

                 The jars are classified in subheading 3923.90.0000,
            HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division






































            Jones library
            name: 084974JLJ
            6cc: Area Director, New York Seaport (NIS-221)
            JLJohnson:peh:typed 8/12/89