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NY G80304

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August 10, 2000

CLA-2-33:RR:NC:2:240 G80304

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.5000; 3401.11.5000; 3924.90.5500; 6307.90.9989

Ms. Stacy Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of “Body Star” Bath and Body Care Set from China

Dear Ms. Weinberg:

In your letter dated July 26, 2000 you requested a tariff classification ruling on behalf of your client Markwins International. A sample of the “Body Star” Bath and Body Care Set was submitted with your inquiry. The sample will be returned as requested.

The “Body Star” Bath and Body Care Set, reference 00-4473-5(2) I, consists of a star-shaped, textile mesh fabric covered wire container and cover. The star-shaped container measures approximately 7 inches in length, 8 inches in width and 2-¼ inches deep. The container holds several bath care products: two star shaped toilet soaps, a bottle of bath gel, a bottle of body lotion, a jar of body glitter, and a star shaped sponge with a textile chord. The “Body Star” Bath and Body Care Set is not considered a set for tariff purposes. Each item will be separately classified.

The applicable subheading for the body lotion and body glitter 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 of the skin (other than medicaments)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 toilet soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap...For toilet useOther. The rate of duty will be free.

The applicable subheading for the 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. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the container will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made-up articles. The rate of duty will be 7 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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See also:

• Tariff No.: 3304.99.50 - Beauty or make-up preparations & preparations for the care of the skin, excl. medicaments but incl. sunscreen or sun tan preparations, nesoi
• Tariff No.: 3307.30.50 - Bath preparations, other than bath salts
• Tariff No.: 3401.11.50 - Soap, nesoi; organic surface-active products used as soap, in bars, cakes, pieces, soap-impregnated paper, wadding, felt, for toilet use
• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 6307.90.99 - National flags and other made-up articles of textile materials, nesoi