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NY F84941




April 11, 2000

LA-2-33:RR:NC:2:240 F84941

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.5000; 3401.11.5000; 3924.90.5500; 6702.10.2000; 7323.99.9060; 9603.29.4010; 9603.29.4090; 9603.29.8010; 9603.29.8090

Ms. Ghada Khalifeh
GK International
111 Perkins Street Suite #032
Boston, MA 02130

RE: The tariff classification of “Veniece” Bath and Body Gift Basket from China

Dear Ms. Khalifeh:

In your letter dated March 21, 2000 you requested a tariff classification ruling.

A sample of the “Veniece” Bath and Body Gift Basket was submitted with your inquiry. The bath and body products are packaged in a metal and wicker rectangular basket. The products consist of a tube of body lotion, a tube of bath gel, a bar of glycerin soap, a body netting sponge, a mini hair brush, a massage brush and a decorative flower. The bath and body products are sold and marketed as a gift set, however, the basket has a function apart from the bath products. The items will be separately classified for tariff purposes.

The applicable subheading for the body lotion will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations and preparations for the care for the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other. The rate of duty will be free.

The applicable subheading for the bath gel 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 applicable subheading for the glycerin soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for SoapFor toilet use (including medicated products): Other. The rate of duty will be free.

The applicable subheading for the body netting sponge will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for decorative flower will be 6702.10.2000 Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of plastics: assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for the basket will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles: Of iron or steel: Other: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the mini hairbrush, when valued less than 40 cents each, will be 9603.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued not over 40 cents each.: Hairbrushes The rate of duty will be 0.2 cents each plus 7 percent ad valorem.

The applicable subheading for the mini hairbrush, when valued over 40 cents each, will be 9603.29.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued over 40 cents each: Hairbrushes. The rate of duty will be 0.3 cents each plus 3.6 percent ad valorem.

The applicable subheading for the massage brush, when valued less than 40 cents each, will be 9603.29.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued not over 40 cents each: Other. The rate of duty will be 0.2 cents each plus 7 percent ad valorem.

The applicable subheading for the massage brush, when valued over 40 cents each, will be 9603.29.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: 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 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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