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August 19, 1999

CLA-2-86:RR:NC:N1:113 E85822

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.79.0000; 3307.49.0000

Mr. Harvey A. Isaacs
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an electric room deodorizer and fragrance refills from Spain

Dear Mr. Isaacs:

In your letter dated August 10, 1999, on behalf of Kiwi Brands, you requested a tariff classification ruling.

The sample you submitted is an electric room deodorizer, consisting of a plug-in heater diffusion unit containing a small bottle of liquid fragrance. As the unit generates heat, the fragrance evaporates and scents the air. Your letter indicates that you also intend to import refill bottles of liquid fragrance separately.

The applicable subheading for the electric deodorizer imported with liquid fragrance will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrothermic appliances, other. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the liquid fragrance imported separately will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations for perfuming or deodorizing rooms, including odiferous preparations used during religious rites, other. The rate of duty will be 6 percent ad valorem.

Perfumery, 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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