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NY M83648





June 14, 2006

CLA-2-34:RR:NC:SP:236 M83648

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000

Ms. Linda Cusack
Rooted in Africa
11333 N. 92nd Street, Unit 1119
Scottsdale, AZ 85260

RE: The tariff classification of Inkomfe Bath & Shower Gel, Honeybrush & Roobos Bath & Shower Gel, Buchu Bath & Shower Gel, Marula Bath & Shower Gel and Kigela Bath & Shower Gel from South Africa

Dear Ms. Cusack:

In your letter dated May 17, 2006, you requested a tariff classification ruling.

The prospective imported products are as follows:

Item #1 The Inkomfe Bath & Shower Gel is a body wash put up for retail sale in a 10.14 oz plastic container.

Item #2 The Honeybrush & Roobos Bath & Shower Gel is a body wash put up for retail sale in a 10.14 oz plastic container.

Item #3 The Buchu Bath & Shower Gel is a body wash put up for retail sale in a 10.14 oz plastic container.

Item #4 The Marula Bath & Shower Gel is a body wash put up for retail sale in a 10.14 oz plastic container.

Item #5 The Kigela Bath & Shower Gel is a body wash put up for retail sale in a 10.14 oz plastic container.

The applicable subheading for the Inkomfe Bath & Shower Gel, Honeybrush & Roobos Bath & Shower Gel, Buchu Bath & Shower Gel, Marula Bath & Shower Gel and Kigela Bath & Shower Gel will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), 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 Bath and Shower Gel products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.     

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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