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NY R00141




March 10, 2004
CLA-2-33:RR:NC:2:240 R00141

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.5000

Ms. Paulette E. Morris
PEM Ltd., LLC
9129 Menchalville Road
Cato, WI 54230

RE: The tariff classification of Holotropic Bath and Skincare Products from South Africa

Dear Ms. Morris:

In your letter dated February 27, 2004 you requested a tariff classification ruling.

You are requesting the tariff classification on three products described as Mustard & Mineral Health & Beauty Bath, Herbal Beauty Foam Bath and Shea Body & Beauty Butter. Samples were not submitted at this time.

The Mustard & Mineral Health & Beauty Bath, packaged for retail sale in 400g containers and the Herbal Beauty Foam Bath, packaged for retail sale in 400ml bottles, are bath preparations poured directly into bath water. The Shea Body & Beauty Butter, packaged for retail sale in 200ml jars, is a moisturizing skin care preparation composed of shea butter, glycerine, Vitamin E, avocado oil, panthenol and chamomile. The Mustard & Mineral Health & Beauty Bath contains mustard seed and minerals and the Herbal Beauty Foam Bath contains Vitamin E, herbal extracts and evening primrose oil. As stated in your letter, the products will be imported in a variety of fragrances such as Honey & Rooibos, Jasmine, Lavender, Lemongrass, Lemon Verbena, Lily of the Valley, Magnolia, Romantic Musk, Rose, Sandalwood, Summer Mint and Vanilla. In addition to the fragrances listed above, the Mustard & Mineral Health & Beauty Bath will also be imported in unscented Classic.

The applicable subheading for the Shea Body & Beauty Butter will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure of pedicure preparations: Other: Other.. The rate of duty will be free.

The applicable subheading for the Mustard & Mineral Health & Beauty Bath and the Herbal Beauty Foam Bath will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Other.. The rate of duty will be 4.9 percent ad valorem.

Articles classifiable under subheading 3307.30.5000, HTS, which are products of South Africa 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 our Web site at www.cbp.gov and search for the term "GSP".

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.

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.

Sincerely,

Robert B. Swierupski
Director,

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