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NY K83939

March 29, 2004
CLA-2-33:RR:NC:2:240 K83939


TARIFF NO.: 3307.49.0000

Ms. Yvonne M.W. Richardson
The Millwork Trading Co., Ltd.
1372 Broadway 2nd Floor
New York, NY 10018

RE: The tariff classification of two Home Fragrance Gift sets from China

Dear Ms. Richardson:

In your letter you requested a tariff classification ruling on behalf of your client Bed Bath & Beyond

Samples of the Home Fragrance Gift sets were submitted for review with your inquiry, and are being returned as requested. Refresh Mint Aromatherapy Energize, Item OEM-30496-YE and Item OEM-30497-YE are packaged in an outer frosted plastic box and an inner paper box with blister holder. Item OEM-30497-YE contains a small bottle of aroma oil and scented pebbles in a square glass dish. Item OEM-30496-YE contains a small bottle of aroma oil, scented pebbles in a square glass dish, two square scented candles, a large glass vial of scented glass drops, and a scented sachet. The articles in both sets are used to fragrance the air and home.

The applicable subheading for Refresh Mint Aromatherapy Energize, Item OEM-30497-YE and Item OEM-30496-YE will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

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 U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835 (202) 418 3412.

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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