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NY C89232


June 29, 1998

CLA-2-33:RR:NC:2:240 C89232

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.1000; 3307.30.5000; 3307.90.0000; 3401.11.5000; 7323.99.5060; 9603.29.8090

Ms. Helen Newell

Polardreams International Ltd.

602 W. Burlington

Fairfield, IA 52556

RE: The tariff classification Octagon Tin Gift Set GB64/SAM'S Item Number 348125 from Canada, China and New Zealand

Dear Ms. Newell:

In your letter dated June 15, 1998 you requested a tariff classification ruling.

A sample of an Octagon Tin Gift Set GB64/SAM'S Item Number 348125 was submitted with your inquiry. The tin-plated octagon container is filled with a bottle of Foaming Cream Bath, a bottle of Bath Salts, a bottle of Bath Oil Pearls, a bottle of Bath & Massage Oil, two bars of Hand & Bath Soap, a Face Brush, a Nail Brush and a Fragranced Sachet. The Hand & Bath Soaps are manufactured in New Zealand. The Bath Oil Pearls are manufactured in Canada. The remaining articles are manufactured in China. The articles are packaged in China. The Octagon Tin Gift Set is not considered a set for Customs purposes. Each item will be classified separately.

The applicable subheading for the Bath Salts 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 Foaming Cream Bath, Bath Oil Pearls and Bath & Massage Oil will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts, and other bath preparations. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the Fragranced Sachet will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other perfumery, cosmetic or toilet preparation, not elsewhere specified or included. The rate of duty will be 5.4 percent ad valorem.

The applicable subheading for the Hand & Bath Soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: For toilet use (including medicated products): Other. The rate of duty will be 0.2 cents per kilo plus 0.7 percent ad valorem..

The applicable subheading for the tin-plated Octagon Tin will be 7323.99.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles, of iron or steel, other, other, nor coated or plated with precious metal, of tin-plate. The rate of duty will be 0.6 percent ad valorem.

The applicable subheading for the Face Brush and Nail Brush will be 9603.29.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for ...Other toilet brushes for use on the person... Other: Valued over 40 cents each, other. The rate of duty will be 0.3 cents each plus 3.6 percent ad valorem.

Cosmetic and toiletry 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,


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