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NY F88492




June 27, 2000

CLA-2-33:RR:NC:2:228 F88492

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000; 4901.99.0092; 4901.99.0093; 4911.99.6000; 4911.99.8000; 8524.51.3040

Mr. Mike Leahy
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of Nicosoft Stop Smoking Kit from Canada

Dear Mr. Leahy:

In your letter dated June 8, 2000, on behalf of TBG Pharmatrex, Ste. Foy, PQ, Canada, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. The Nicosoft Stop Smoking Kit is a package containing a variety of materials intended to help an individual stop smoking. Included in the kit are two audio cassettes, two packages of lozenges, an inhaler, a spiral-bound, 6” x 9”, 79-page book, two sheets of pressure-sensitive stickers, an 8-page, 5½ “ x 6½” brochure, and a 4” x 9” envelope containing a “letter to a helping friend.” The inhaler is a 2½” tall glass bottle containing essential oils of eucalyptus, pine tree, fir tree, and essence of citrus. Its purpose is to help the ex-smoker overcome urges to have a cigarette. The information contained on the audio cassettes are intended to help the ex-smoker manage stress. The nicotine-free lozenges, composed of sucrose, maple syrup, sunflower seeds, and menthol, are to help the ex-smoker overcome nicotine addiction during the weaning period. The book and the brochure provide guidance to the smoker preparing to quit smoking and provide suggested menus to prevent weight gain. The stickers are to provide visual reminders and support for the person engaged in the program. The letter is intended to be sent to an individual chosen as a support person by the smoker.

Each component of the kit will be classified separately.

The applicable subheading for the inhaler will be 3307.90.0000, 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 propertiesother. The duty rate will be 5.4 percent ad valorem.

The applicable subheading for the brochure will be 4901.99.0092, HTS, which provides for printed books, brochures, leaflets and similar printed matter, whether or not in single sheetsotherothercontaining 5 or more pages each, but not more than 48 pages each (excluding covers). The rate of duty will be free.

The applicable subheading for the spiral-bound book will be 4901.99.0093, HTS, which provides for printed books, brochures, leaflets and similar printed matter otherothercontaining 49 or more pages each (excluding covers). The rate of duty will be free.

The applicable subheading for the stickers will be 4911.99.6000, HTS, which provides for other printed matter, including pictures and photographsotherother printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the letter and envelope will be 4911.99.8000, HTS, which provides for other printed matterotherotherother. The rate of duty will be 2 percent ad valorem.

The applicable subheading for the cassette tapes will be 8524.51.3040, HTS, which provides for records, tapes and other recorded media for sound or other similarly recorded phenomenaother magnetic tapesof a width not exceeding 4 mmother sound recordings on cassette tapes. The rate of duty will be 4.8 cents per square meter of recording surface.

Your inquiry does not provide enough information for us to give a classification ruling on the lozenges. Your request for a classification ruling should include a complete ingredients breakdown, by weight. When this information is available, you may wish to consider resubmission of your request.

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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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