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August 13, 1999

CLA-2-33:RR:NC:2:240 E85708

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.5000

Mr. Rick Reinert
Reha Enterprises (USA) Inc.
102 Greene Lane
Summerville, S.C. 29485

RE: The tariff classification of “Ombra” Foambath from Germany

Dear Mr. Reinert:

In your letter dated August 3, 1999, you requested a tariff classification ruling.

Samples of the bath products were submitted with your inquiry. The “Ombra” Eucalyptus Oil Foambath is composed of eucalyptus oil, emulsifiers and fragrance. The “Ombra” Juniper Extract Foambath is composed of juniper extract, emulsifiers and fragrance. The foambaths, imported in plastic, retail size bottles, are poured directly into the bath water. Based on the labeling material, the bath products are used to sooth, comfort and stimulate the body.

The applicable subheading for the “Ombra” Foambaths 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 ad valorem.

Bath products, other than bath salts, which are products of the European Economic Community (EEC) are classifiable in subheading 9903.08.04, Harmonized Tariff Schedule of the United States (HTS) and are subject to a 100 percent duty rate.

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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