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NY G82556





October 19, 2000

CLA-2-33:RR:NC:2:240 G82556

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.99.5000; 3402.20.5000

Mr. Kevin Egan
E.Besler & Company
P.O. 66361
Chicago, Illinois 60666-0361

RE: The tariff classification of Avent Baby Liquid Talc, Avent Baby Body & Hair Wash, Avent Baby Cleanser and Moisturiser, Avent Baby Massage Gel and Avent Baby Bottom Balm from England

Dear Mr. Egan:

In your letter dated September 18, 2000, you requested a tariff classification ruling. A sample of the Avent Baby Liquid Talc, SKU5012909005708, Avent Baby Body & Hair Wash, SKU5012909005722, Avent Baby Cleanser and Moisturiser, SKU5012909005739, Avent Baby Massage Gel, SKU5012909005715, and Avent Baby Bottom Balm, SKU5012909005692, were submitted with your inquiry and are being returned as requested.

The Bottom Balm, Liquid Talc and Massage Gel are skin care products used to soothe and moisturize the skin. The Cleanser & Moisturiser is a cleansing milk applied directly to the face and body between baths to cleanse and moisturize the skin. It does not contain a surfactant. The Body & Hair Wash, containing a nonaromatic surfactant, is a skin cleanser. It can be used in the bath or shower to cleanse the body and hair. All of the above items are packaged for retail.

The applicable subheading for the Avent Baby Liquid Talc, Avent Baby Cleanser and Moisturiser, Avent Baby Massage Gel and Avent Baby Bottom Balm 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), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other..... The duty rate will be free.

The applicable subheading for the Avent Baby Body & Hair Wash will be 3402.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other.. The rate of duty will be free.

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 Stephanie Joseph at 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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