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NY L81001

December 17, 2004

CLA-2-33:RR:NC:2:240 L81001


TARIFF NO.:3307.90.0000

Mr. Zakir Ally
C Group US Inc.
12 West 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of Sachets from China

Dear Mr. Ally:

In your letter dated November 19, 2004 you requested a tariff classification ruling. A sample of the scented sachets, Item # VSB0205-595S-A, was submitted with your inquiry and will not be returned.

The item consists of four heart shaped sachets. The outershell of the sachets are composed of a satin fabric. The filling contains fragrance beads which emits a pleasant scent to clothing stored in a dresser or closet. Each sachet has a loop attached to the top for hanging. The sachets, packaged in a box decorated with hearts, has a thin ribbon and a bow attached to the lid.

The applicable subheading for the scented sachets will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other perfumery, cosmetic or toilet preparations not elsewhere specified or included.. The rate of duty will be 5.4 percent ad valorem. The duty rate in 2005 will remain the same.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412

     You have asked whether the sachets are subject to antidumping or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from 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. 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.

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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