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NY F84666




March 31, 2000

CLA-2-33:RR:NC:2:240 F84666

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.1000; 3401.11.5000; 3402.20.2000; 4417.00.8090; 4420.90.8000; 6302.99.2000; 7323.99.9060; 9019.10.2050

Ms. Helen Newell
Polardreams International Ltd.
1948 Hwy I North
Fairfield, IA 52556

RE: The tariff classification of AromaSource Relax & Restore Bath & Body Care Collection Gift Set JB47 from China

Dear Ms. Newell

In your letter dated March 22, 20000 you requested a tariff classification ruling.

A sample of the AromaSource Relax & Restore bath & Body Care Collection Gift Set JB47 was submitted with your inquiry. The bath care set is packaged in an iron wire and willow basket. The basket measures 13 inches high, 12 inches wide and 8 ½ inches deep. The bath care products included in the set are: a bag of foot soak bath salts with a wooden scoop, a bottle of shower gel, a bottle of body lotion, a jar of body butter, a metal can of bath salts, a bar of body soap, a wooden soap dish, a sisal back scrubber with wooden handles and a wood massager. The basket is not the usual packaging for the bath care products. The bath and body care products will be marketed and sold as a set, however, it is not considered a set for tariff purposes. Each item will be separately classified.

The applicable subheading for the body lotion and body butter will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other. The rate of duty will be free.

The applicable subheading for the foot soak bath salts and 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 rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the body bar soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap and organic surface active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: For toilet use (including medicated products): Other. The rate of duty will be free.

The applicable subheading for the shower gel will be 3402.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Surface active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The rate of duty will be free.

. The applicable subheading for the wooden scoop scooper will be 4417.00.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood: Other Other The rate of duty will be 5.1 percent ad valorem.

The applicable subheading for the wooden soap dish will be 4420.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Wooden articles of furniture not falling within chapter 94. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the sisal back scrubber with wooden handles will be 6302.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Bed linen, table linen, toilet linen and kitchen linen: Of other textile materials: Other. The rate of duty will be 8.8 percent ad valorem. The scrubber falls within textile category designation 899. 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The applicable subheading for the basket will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles: Of iron or steel: Other: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the wooden massager will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; parts and accessories thereof: Other: Other. The rate of duty will be free.

Cosmetic and toiletry products may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-3380.

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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