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June 25, 1999

CLA-2-33:RR:NC:2:240 E83587


TARIFF NO.: 3307.90.0000

Mr. Imre Czingelly
G.I. Dollars Export-Import, Inc.
9495 N.W. 27th Avenue
Miami, Florida 33147

RE: The tariff classification of “Aroma Pen” from Hungary

Dear Mr. Czingelly:

In your letter dated June 15, 1999, you requested a tariff classification ruling.

A sample of the Aroma Pen was submitted with your inquiry. The Aroma Pen, measuring approximately 4” in length, is a marker type felt tip pen containing a mixture of essential oils, alcohol and alcohol derivatives. Based on your literature, this item, when applied to the skin, will stimulate and refresh your mind.

The applicable subheading for the Aroma Pen will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other..... The duty rate will be 5.4 percent ad valorem.

Articles which are classifiable under subheading 3307.90.0000, HTS, which are products of Hungary are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Perfumery, 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.


Robert B. Swierupski

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