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NY 856280

CLA-2-69:S:N:N3D:227 856280


TARIFF NOS.: 6912.00.5000; 3301.23.0000

Mr. Dan Sperling
Dan Sperling Associates
2203 42nd Street N.W., Suite 302
Washington, D.C. 20007

RE: The tariff classification of a decorative clay pot and lavender oil from France.

Dear Mr. Sperling:

In your letter dated August 29, 1990, you requested both a tariff classification and marking ruling.

The merchandise at issue consists of the following: a) a small decorative clay (earthenware) pot which is stated to be mostly glazed on its exterior but is left partly unglazed, typically on its lower portion. It is noted that a small amount of fragrant oil, such as lavender oil, is poured into the pot through its narrow top opening which is usually stoppered with a cork. This oil diffuses out through the porous clay of the pot's unglazed portion, thus making the room smell fragrant.
b) lavender oil which will be imported in glass bottles of several possible sizes: 6 milliliters, 14 milliliters, 30 milliliters and 48 milliliters. Further, some lavender oil may be imported in metal drums, (each containing several gallons). It is to be noted that the lavender oil is not intended to be used as a cosmetic or culinary ingredient but will be utilized for insertion into the clay pots.

The applicable subheading for the decorative clay pot will be 6912.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic household articles, other than of porcelain or china. The rate of duty will be 7 percent ad valorem. The appropriate subheading for the lavender oil will be 3301.23.0000, HTS, which provides for essential oils other than those of citrus fruit: of lavender or of lavandin, with a duty free rate.

With respect to the proper marking requirements, the above merchandise should be marked in accordance with Customs Regulation 134.11 which reads:

Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspic- uous place as legibly, indelibly, and permanent- ly as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States.

It should be noted that the lavender oil may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fisher Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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