NY 809290 - The tariff classification of "Tinkerbell Foursome" and "Tinkerbell Quartette" from Canada, China and the U.S. - United States International Trade Commision Rulings

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NY 809290

May 16, 1995

CLA-2-33:S:N:N7:240 809290

CATEGORY: CLASSIFICATION

TARIFF NO.: 3303.00.3000; 3304.91.0050; 3304.99.0000; 3305.10.0000; 4202.92.4500; 4901.10.0040; 9603.29.4090; 9801.00.1098

Ms. Barbara J. Clause
Tower Group International, Inc.
205 West Service Road
Champlain, New York 129-0218

RE: The tariff classification of "Tinkerbell Foursome" and "Tinkerbell Quartette" from Canada, China and the U.S.

Dear Ms. Clause:

In your letter dated April 17, 1995, you requested a tariff classification ruling on behalf of your client MEM Co. (Canada) Ltd.

Two samples were submitted with your inquiry and are being returned. The sample, Tinkerbell Foursome, contains talcum powder and skin cream from Canada, cologne containing alcohol from the U.S., a plastic nail brush from China and a printed brochure from Canada. The items are packaged in a vinyl bag with a drawstring closure and manufactured in China.

The sample, Tinkerbell Quartette, contains talcum powder, cologne, shampoo, lotion and a printed brochure from Canada. The items are packaged in a vinyl bag with a drawstring closure and manufactured in China.

The vinyl drawstring bag does not contribute to grooming, as do the other articles in the bag. The article functions as a container for the products, but it can also be used for other purposes. Although the bag functions as a container, it does not meet the requirements of GRI 5 (a) or (b). GRI 5 (b) states that packing materials and packing containers presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. It is not the normal kind of packing container for the goods. The vinyl drawstring bag, grooming products and printed matter will be separately classified.

PRODUCT HTS RATE

Lotion 3304.99.0000 3.9 Percent
Ad Valorem

Talcum powder 3304.91.0050 3.9 Percent
Ad Valorem

Skin cream 3304.99.0000 3.9 Percent
Ad Valorem

Cologne containing 9801.00.1098 Free alcohol (from the U.S.)

Cologne containing 3303.00.3000 4 Percent alcohol (from Canada) Ad Valorem

Shampoo 3305.10.0000 3.9 Percent
Ad Valorem

Nail brush 9603.29.4090 7 Percent Ad
Valorem plus 0.2 cents each

Vinyl drawstring 4202.92.4500 20 Percent Ad bag Ad Valorem

Printed Matter 4901.10.0040 Free

The lotion, talcum powder, skin cream, cologne and shampoo may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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