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March 24, 1999

CLA-2-33:RR:NC:2:240 D89001

CATEGORY: CLASSIFICATION

TARIFF NO.:3307.30.2000; 3307.49.0000; 3402.20.5000

Mr. Frank M. Murphy
Norman G. Jensen, Inc.
P.O. Box 8008
3030 Commerce Drive
Port Huron, Michigan 48061-8008

RE: The tariff classification of a Room Aroma Diffuser, Shower Gel and Scented Sea Salt from Canada

Dear Mr. Murphy:

In your letter dated March 3, 1999 you requested, on behalf of your client Au Printemps Gourmet, Fin d’Hiver, Inc., a tariff classification ruling.

Samples of a room aroma diffuser, shower gel and scented sea salt were submitted with your inquiry. The room aroma diffuser is a square wood container measuring 5¼ inches by ¾ of an inch high. The container is filled with sea salt, three artificial sea shells and a vial of essential oil. The diffuser has a clear, plastic, pyramid shaped top which is securely fitted over the wood container. A few drops of oil, when added to the sea salt, will diffuse and fragrance a room. Also included was a 225 ml. and 475 ml. plastic bottle containing shower gel, a 7.74 ounce circular glass bottle with a cork stopper and a 1.14 ounce glass tube both containing scented sea salt. The glass tube, resembling a cigar, stands six inches high. The tube is contained in a spring like holder fitted into a 1½ inch square by ¾ inch thick piece of wood.

The applicable subheading for the Scented Sea Salt will be 3307.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Perfumed bath salts, whether or not perfumed..... The general rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the Room Aroma Diffuser 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 general rate of duty will be 6 percent ad valorem.

The applicable subheading for Shower Gel will be 3402.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 340l: Preparations put up for retail sale: Other..... The duty rate will be free.

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 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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