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NY J82833

April 10, 2003

CLA-2-33:RR:NC:2:240 J82833


TARIFF NO.: 3307.90.0000

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of Potpourri from Thailand

Dear Mr. Mento:

In your letter dated March 20, 2003, you requested, on behalf of your client Ichauway Mills Inc., a tariff classification ruling.

Four samples of potpourri, packaged for retail sale, were submitted with your inquiry and are being returned as requested. The potpourri consists of scented wood shavings, dried flowers, seeds, leaves and carved scented wooden fruit. Item number ABP007WM, packed in a clear plastic box, has a cedar fragrance. Item number PBBP- 350, packed in a plastic bag with a bow, has a peach scent. Item number GL-002CL, packed in a glass jar, has a wood top, a bow tied around the neck and has a sari fragrance. The last sample does not have an Item number. It is, however, packed in a plastic bag with two bows tied at each end and has a lavender scent. The potpourri can be used to either fragrance clothing stored in a dresser or closet or for scenting a room.

The applicable subheading for Potpourri will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.. The rate of duty will be 5.4 percent ad valorem.

Articles classifiable under subheading 3307.90.0000, HTS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

Your inquiry does not provide enough information for us to give a classification ruling on the glass jar filled with potpourri. Your request for a classification ruling should include a cost breakdown of the glass jar and the potpourri. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Additional requirements may be imposed on these products by the United States Department of Agriculture. You may contact the United States Department of Agriculture Animal and Plant Health Inspection Service located at Kennedy Airport, Building 77, Jamaica, New York 11430.

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 646-733-3268.


Robert B. Swierupski

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