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NY G81942

September 29, 2000

CLA-2-34:RR:NC:SP:236 G81942


TARIFF NO.: 3307.30.1000; 3401.11.5000; 4420.90.8000; 6302.60.0030; 7323.94.0030; 9603.29.4090

Mr. Larry Diamond
CSI International
642 De Courcelle Street, Suite 304
Monteral, Quebec Canada H3C 3C5

RE: The tariff classification of Colander (Toiletry) from China, United States and Canada

Dear Mr. Diamond:

In your letter dated August 30, 2000, you requested a tariff classification ruling.

The sample submitted, Colander (Toiletry), consists of metal colander with an enamel finish filled with a wood soap dish, a round soap bar, a wood nail bush, a cotton washcloth a plastic bottle of bath foam, a plastic bottle of body wash and a glass jar of bath salts. The colander, wood brush and wood soap dish are products of China. The washcloth and soap are products of the United States. The foam bath and the body wash are products of Canada. The items are packed and shrink wrapped in Canada. The colander is suitable for long-term household use unrelated to its contents. The above described product does not constitute a set for Customs purpose under the General Rules of Interpretation. Therefore, its components will be classified separately.

The applicable subheading for the round soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States, (HTS), which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; paper, wadding, felt and nonwovens impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in 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 bath salts will be 3307.30.1000, Harmonized Tariff Schedule of the United States, (HTS), which provides for Bath salts, whether or not perfumed. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the wood soap dish will be 4420.90.8000, HTS, which provides Wood marquetry and inland wood; caskets and cases for jewelry or cutlery and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within chapter 94: Other: Other. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the white wash cloth will be 6302.60.0030, HTS, which provides for Bed linen, table linen, toilet linen and kitchen linen: Toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton: Towels: Dish. The rate of duty will be 9.6 percent ad valorem.

The white wash cloth falls within textile category designation 369. Based upon international textile trade agreements product of Canada is subject to the requirement of a visa. Product of Canada in textile category designation 369 is also subject to quota restrictions.

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.

However, based on the information provided, the soap and washcloth are eligible for classification as American Goods Returned, upon compliance with all applicable regulations. The subheading will be 9801.00.1097, (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other. The duty rate is free.

The applicable subheading for the Colander will be 7323.94.0030, 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: Of iron (other than cast iron) or steel, enameled: Cooking and kitchen ware: Kitchen ware. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the bath salts will be 9603.29.4090, HTS, which provides for Toothbrushes, shaving brushes, hair brushes, nail bushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued not over 40 cents each: Other. The rate of duty will be 0.2 cents plus 7 percent ad valorem.

We are unable to issue a classification ruling on the foam bath liquid and body wash. The following information is required.

A sample of each product with its retail label. A list of all of the ingredients in the product. Percent by weight of each ingredient.
Detailed use of the product.

Perfumery, cosmetic and toiletry products are subjected 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 Deborah Walsh at 212-637-7062.


Robert B. Swierupski

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