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March 8, 1999

CLA-2-33:RR:NC:2:240 D88585

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.1000; 3307.30.5000; 7323.99.9060

Mr. Frank M. Murphy
Norman G. Jensen, Inc.
P.O. Box 8008, 3030 Commerce Drive
Port Huron, Michigan 48061-8008

RE: The tariff classification of Bath Preparations from Canada

Dear Mr. Murphy:

In your letter dated February 19, 1999, on behalf your client Au Printemps Gourmet, Fin d’Hiver, Inc., you requested a tariff classification ruling.

A sample of the bath preparations was submitted with your inquiry. The sample consists of two 6.34 ounce bottles of scented sea salt, two 5.07 fluid ounce bottles of scented bath oil and four 5.07 ounce bottles of foam bubble bath. The bottles are contained in a metal wire tree measuring 10 inches by a 5 inch diameter base.

The metal wire tree and its contents do not meet a particular need or carry out a specific activity. For Customs purposes, the goods do not comprise a set. Also, the metal wire tree is not a kind normally used for packing such goods. Therefore, each article will be separately classified.

The applicable subheading for the bath salts will be 3307.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Bath salts, whether or not perfumed..... The general rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the foam bubble bath and bath oil will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Other..... The general rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the metal wire tree will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel: Other: Other: Not coated or plated with precious metal: Other: Other..... Other..... The general rate of duty will be 3.4 percent ad valorem.

Cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Stephanie Joseph at 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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