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NY G81950

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September 22, 2000

CLA-2-33:RR:NC:2:240 G81950

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.1000; 3307.30.5000; 3401.11.5000; 4602.10.8000; 9603.29.4090; 9603.29.8090; 9801.00.10

Mr. Larry Diamond
CSI International
642 De Courcelle Street, Suite 304
Montreal, Quebec
Canada H3C 3C5

RE: The tariff classification of Living Space Homestyle Body Care Collection Hamper Set Style LS 20-007 from Canada, China, U.S. and packed in Canada

Dear Mr. Diamond:

In your letter dated August 30, 2000 you requested a tariff classification ruling.

A sample of the Living Space Homestyle Body Care Collection Hamper Set Style LS 20-007 was submitted for review with your inquiry. The Living Space Homestyle Body Care Collection Hamper Set Style LS 20-007 consists of a small, hamper shaped basket containing a bottle of foam bath, a bottle of body lotion, a jar of bath salts, a bar of soap, a nail brush and a loofah pad. The foam bath, body lotion and bath salts are manufactured in Canada. The basket, loofah, and nailbrush are products of China. The soap is of U.S. origin. The products are packed and shrink wrapped in Canada. The Living Space Homestyle Body Care Collection Hamper Set Style LS 20-007 is not considered a set for tariff purposes, therefore, each item will be classified separately

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 of the skin...Other. The duty rate will be free.

The applicable subheading for the bath salts will be 3307.30.1000 Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Bath salts, whether or not perfumed. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the foam bath will be 3307.30.5000 Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath reparations: Other. The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the 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 U.S. origin soap may be eligible for duty-free treatment under subheading 9801.00.10, HTSUS. Subheading 9801.00.10, HTSUS, provides for the free entry of products of the U.S. that have been exported and returned without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, provided the documentary requirements of section 10.1, Customs Regulations (19 C.F.R. §10.1), are met

The applicable subheading for the loofah pad will be 4602.10.8000 Harmonized Tariff Schedule of the United States (HTS), which provides for Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials; Other: Other: Other. The duty rate will be 2.3 percent ad valorem.

The applicable subheading for the nailbrush will be 9603.29.4090 Harmonized Tariff Schedule of the United States (HTS), which provides for Toothbrushes, shaving brushes, hair brushes, nail brushesValued not over 40 cents each. The duty rate will be 0.2 cents each plus 7 percent ad valorem. Nail brushes valued over 40 cents each will be classified in subheading 9603.29.8090, HTS, which provides for Toothbrushes, shaving brushes, hair brushes, nail brushesValued over 40 cents each. The duty rate will be 03 cents each plus 3.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the hamper basket. Please provide the name of the material in the ‘wicker’ basket, i.e. willow, bamboo, rattan, etc. ‘Wicker’ is not the name of a specific type of material. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.: 3307.30.10 - Bath salts, whether or not perfumed
• 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.: 4602.10.80 - Basketwork and other articles, neosi, of vegetables materials, nesoi
• Tariff No.: 9603.29.40 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued n/o 40 cents each
• Tariff No.: 9603.29.80 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued o/40 cents each
• Tariff No.: 9801.00.10 - U.S. goods returned without having been advanced in value or improved in condition while abroad