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NY C87875





June 5, 1998

CLA-2-33:RR:NC:2:240 C87875

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.1000; 3307.30.5000; 9603.29.4090; 9603.29.8090

Ms. Patty Cordo
American Cargo Express
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of two toiletry items from Hong Kong

Dear Ms. Cordo:

In your letter dated May 14, 1998 you requested a tariff classification ruling on behalf of your client Jay Import Co. Inc.

Samples of the toiletry items were submitted with your inquiry. Item No. J-06A is a hexagon shaped crate-like wooden container filled with a wooden nail brush, a bottle of bath crystals and one bath pearl. Item No. 06B is a square shaped crate-like wooden container filled with a bottle of bath crystals, a bottle of bath foam and two bath pearls. The wooden containers are considered packing, therefore, the value will be prorated with the items. Item No. J-06A is not considered a set, therefore, the items will be classified separately.

The applicable subheading for the bath crystals will be 3307.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Bath salts, whether or not perfumed. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the nail brush will be 9603.29.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for Brushes Other: Valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7 percent a valorem. Nail brushes valued over 40 cents each will be classified in 9603.29.9090. The rate of duty will be 0.3 cents each plus 3.6 percent ad valorem.

The applicable subheading for Item No. 06B will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Other. The rate of duty will be 4.9 percent ad valorem.

The bath preparations products 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 (301) 443-3380.

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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