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NY H86718

January 17, 2002

CLA-2-34:RR:NC:SP:236 H86718


TARIFF NO.: 3305.10.0000; 3406.00.0000; 3604.00.0000; 3924.90.5500; 4202.92.4500; 4602.10.8000

Mr. Matthews C. Herring
Alleghehy Brokerage Company, Inc.
5389 C.V. Jackson Road, Suite 1
New River Valley Aiport, Dublin, Virigina 24084

RE: The tariff classification of a clear plastic drawstring travel bag, bath gel, shampoo, loofah pad, mesh scrubber and a candle from China

Dear Mr. Herring:

In your letter dated January 6, 2002, on behalf of your client, Fei Da Trading Company, Inc., you requested a tariff classification ruling.

The sample submitted, Bath Kit, consists of a clear plastic drawstring travel bag filled with a bottle of bath gel, a bottle of shampoo, a loofah pad, a mesh scrubber and a pillar candle. The Bath Kit is not a considered a set for Customs purpose. All items will be separately classified.

The applicable subheading for the shampoo will be 3305.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for use on the hair: Shampoo. The rate of duty will be Free.

The applicable subheading for the pillar candle will be 3406.00.0000, (HTS), which provides for Candles, tapers and the like. The rate of duty will be Free.

The applicable subheading for the mesh scrubber will be 3924.90.5500, (HTS), which provides for Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the clear drawstring travel bag will be 4202.92.4500, (HTS), which provides for Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: Other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the loofah pad will be 4602.10.8000, (HTS), which provides for Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Other: Other: Other. The rate of duty will be 2.3 percent ad valorem.

The candle may be subject to antidumping duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained for the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W.Washington, DC 20230.

We are unable to issues a classification ruling on the bath gel. The following information is required: A list of all of the ingredients in the product. Percent by weight of each ingredient.

The bath gel and shampoo, may be subject to the regulations for the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. ยง134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

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 646-733-3034.


Robert B. Swierupski

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