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NY B89252




October 2, 1997

CLA-2-33:RR:NC:2:240 B89252

CATEGORY: CLASSIFICATION

TARIFF NO.:3307.90.0000; 9801.00.1096

Mr. William Velasquez
Endar Corporation
43195 Business Park Drive
Temecula, CA 92590-3697

RE: The applicability of duty exemption, under subheading 9801.00.1096, HTSUS, of Scented Sachets packaged in Mexico

Dear Mr. Velasquez:

In your letter dated September 4, 1997, you requested a tariff classification ruling on the eligibility of scented vermiculite packaged in Mexico for duty-free treatment under subheading 9801.00.1096, Harmonized Tariff Schedule of the United States (HTSUS). Ordinarily, imported Scented Sachets are classifiable within subheading 3304.90.0000, (HTSUS).

You state in your letter that the scented vermiculite is sent to Mexico and placed into fabric sachet bags measuring approximately 5« inches by 3« inches. A satin ribbon will be used to securely close the sachet bag.

Based on the facts presented, the packaging abroad of U.S.-made products will not preclude classification under subheading 9801.00.1096, Harmonized Tariff Schedule of the United States (HTSUS), when there is no improvement in condition or advancement in value of the products themselves, apart from their containers.

The applicable subheading for Scented Sachets will be 9801.00.1096, Harmonized Tariff Schedule of the United States (HTSUS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other: other . The rate of duty will be free.

Packaging of an article does not result in a change in the country of origin of the article. Accordingly, the Scented Sachets remain products of the U.S., and may be excepted from the requirements of 19 U.S.C. 1304 pursuant to 19 CFR 134.32(m) as products of the U.S. exported and returned.

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 212-466-5768.

Sincerely,

Robert B. Swierupski
Director,

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