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NY D82641




October 9, 1998

CLA-2-33:RR:NC:2:240 D82641

CATEGORY: CLASSIFICATION

TARIFF NO.:3307.49.0000

Mr. Jay Lanius
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484

RE: The tariff classification of Ceramic Scents Aroma Diffusers from Canada

Dear Mr. Lanius:

In your letter dated September 17, 1998, on behalf of your client JBK Holdings Inc., you requested a tariff classification ruling.

Two samples of the Ceramic Diffusers were submitted with your inquiry and are being returned as requested. The Candle Aroma Diffuser consists of a candle in a metal container, a ceramic candle holder and a vial containing an essential oil. Drops of oil are placed into the rim around the perimeter of the ceramic candle holder. The heat from the candle allows the scent to permeate the room. The Ceramic Aroma Diffuser consists of a ceramic disk and a vial containing an essential oil. The disk absorbs the scent giving off its fragrance.

The applicable subheading for Ceramic Scents Aroma Diffusers will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

Cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is 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.

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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