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NY 891103





October 22, 1993

CLA-2-33:S:N:N7:240 891103

CATEGORY: CLASSIFICATION

TARIFF NO.: 3306.90.0000; 1704.90.2005

Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service Road
P.O. Box 188
Champlain, New York 12919

RE: The tariff classification of Coolbreath Liquid Breath Freshener Spray and Coolbreath Peppermint and Cinnamint Breath Freshening Tablets from Canada

Dear Ms. Trombley:

In your letter dated October 1, 1993, you requested a tariff classification ruling on behalf of your client Mansfield Medical Distributors Ltd.

The applicable HTS subheading for Coolbreath Liquid Breath Freshener Spray will be 3306.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations for oral or dental hygiene, including denture fixative pastes and powders: other. The duty rate will be 5.5 percent ad valorem.

The applicable HTS subheading for Coolbreath Peppermint and Cinnamint Breath Freshening Tablets will be 1704.90.2005, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: other: put up for retail sale. The duty rate will be 7 percent ad valorem.

Goods classifiable under subheading 3306.90.0000 HTS, which originated in the territory of Canada, will be entitled to a 2.7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 1704.90.2005 HTS, which originated in the territory of Canada, will be entitled to a 3.5 percent ad valorem rate of duty under the United-States Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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