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August 11, 1999

CLA-2-33:RR:NC:2:240 E85194

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.5000; 4202.92.3031

Mr. Joshua Levy
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, Florida 33301

RE: The tariff classification of an Aromatherapy Bath Gift Set (Item # C08C0022) from China

Dear Mr. Levy:

In your letter dated July 22, 1999, you requested a tariff classification ruling.

A sample of the Aromatherapy Bath Gift Set was submitted with inquiry and is being returned as requested. The gift set consists of a 65ml. bottle of foam bath, a heart shaped bath fizzer and a 65ml. bottle of cream bath packaged in a clear zippered pouch. The pouch is a toiletry bag type of travel bag manufactured of polyvinyl chloride (PVC) sheeting which is wholly covered on the exterior with organza of man-made fibers. For Customs purposes, the item is not a set and each article will be classified separately.

The applicable subheading for the foam bath, bath fizzer and cream bath 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 rate of duty will be 4.9 percent.

The applicable subheading for the zippered pouch will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.8 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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.

Sincerely,

Robert B. Swierupski
Director,

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