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NY L86213




July 20, 2005

CLA-2-42:RR:NC:3:341 L86213

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.5000; 3307.90.0000; 3401.30.5000; 4202.22.8050; 6307.90.9889

Ms. Joanne Harmon
Customs Compliance Assistant
CVS/Pharmacy
One CVS Drive
Woonsocket RI 02895

RE: The tariff classification of “Glamour Girl Bustier Bag” from China

Dear Ms Harmon:

In your letter dated July 6, 2005 you requested a classification ruling.

A sample of CVS item number 321428, UPC number 42173 00043, “Glamour Girl Bustier Bag”, has been submitted. Item 321428 includes a lady’s handbag wholly of man-made textile materials, one three-ounce bottle each of shower gel, body spray and bubble bath, a satin lace trimmed sachet and a satin sleep mask. The sample is being returned as requested.

The applicable subheading for the handbag of man-made fiber textile materials will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, of textile materials, with outer surface of textile materials, other, other. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the body spray 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). The duty rate will be free.

The applicable subheading for the bubble bath will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for bath preparations whether or not perfumed or having disinfectant properties. The duty rate will be 4.9% ad valorem.

The applicable subheading for the shower gel will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 duty rate will be free.

The applicable subheading for the sachet will be 3307.90.0000, 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 duty rate will be 5.4 percent ad valorem.

The applicable subheading for the sleep mask will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, other. The duty rate will be 7 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, telephone 202-418-3412.

The handbag of man-made fiber textile materials falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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