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NY L86533




August 11, 2005

CLA-2-33:RR:NC:2:240 L86533

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3401.11.5000; 3401.30.5000; 3924.90.5500; 4202.92.3031

Ms. Joanne Harmon
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of "Sweet Pea Scented Bath Gift Set" from China

Dear Ms. Harmon:

In your letter dated July 14, 2005 you requested a tariff classification ruling. A sample of the “Sweet Pea Scented Bath Gift Set,” Item # 321291, was submitted with your inquiry.

The item in question consists of a collection of bath, body and personal items packaged in a clear plastic box. The box contains body lotion, body mist, glitter shower gel, a body bar (soap), a bath sponge and 2 traveling bags. The traveling bags are wholly of man-made fiber textile materials and are not specially shaped or fitted for a particular set of articles. The bags are of a kind used to contain sundry personal effects such as lingerie, toiletry and/or bath preparations and jewelry. Each bag has a handle and a zippered closure. The circular shaped bath sponge is composed of cellulose plastic encased within an extruded plastic mesh. The glitter shower gel is a skin cleanser applied directly to the body for cleansing the skin and does not contain any aromatic or modified aromatic surface-active agents.

For tariff classification purposes, Item # 321291 is not classified as a set because the traveling bags possess the useful functions of storage, protection and portability for sundry items and do not share a nexus with the bath and body preparations. Therefore, each item will be classified separately in its appropriate heading. The sample will be returned as requested.

The applicable subheading for the body lotion and body mist 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 or pedicure preparations: Other: Other: Other.. The rate of duty will be free.

The applicable subheading for the body bar (soap) will be 3401.11.5000, 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; paper, wadding, felt and nonwovens impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent:: For toilet use (including medicated products): Other.. The rate of duty will be free.

The applicable subheading for the glitter 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 rate of duty will be free.

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.

The applicable subheading for the bath sponge will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Other household articles and toilet articles, of plastics: Other: Other.. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the traveling bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags: With outer surface of man-made fiber textile materials.. The rate of duty will be 17.6 percent ad valorem.

 HTS 4202.92.3031 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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