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NY L80480





November 8, 2004
CLA-2-34:RR:NC:SP:236 L80480

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000

Kelly Morrison
Metropolis Customs brokers
156-15-146th Avenue
Suite 110
Jamaica, NY 11434

RE: The tariff classification of Relax Bath & Shower Concentrate, Contour Bath & Shower Concentrate, Tonic Bath & Shower Concentrate from France

Dear Ms. Morrison:

In your letter dated October 21, 2004 you requested a tariff classification ruling on behalf of Group Clarins.

The Relax Bath & Shower Concentrate, Contour Bath & Shower Concentrate and Tonic Bath & Shower Concentrate are all body wash put up in packaging for retail sale. The samples you submitted are being retained for official purposes.

The applicable subheading for the Relax Bath & Shower Concentrate, Contour Bath & Shower Concentrate and Tonic Bath & Shower Concentrate will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper; wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; Other. The rate of duty will be Free.

The body wash may be subject to the regulations of the Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, 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 Debra Wholey at 646-733- 3034.

Sincerely,

Robert B. Swierupski
Director,

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