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NY H82493




June 29, 2001

CLA-2-34:RR:NC:SP:236 H82493

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.20.5000

Ms. Alice Liu
Import Manager
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of Bath Gift Set, Item # C08C1843 from China

Dear Ms. Liu:

In your letter dated June 7, 2001, you requested a tariff classification ruling.

A sample of the Bath Gift Set was submitted with your inquiry and is being returned as requested. The gift set consists of a 5.29 oz./150 ml. plastic container of Body Lotion, a semi-circle shaped bath fizzer and a 5.29 oz/150 ml. plastic container of Shower Gel packaged in an organza fabric tied with a ribbon. The bath gift set is put up for retail sale.

For Customs purposes the merchandise is considered to be a set with no essential character. General Rule of Interpretation ("GRI") 3(c), Harmonized Tariff Schedule of the United States (HTS) provides that such products shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the shower gel comes last.

The applicable subheading for the Shower Gel will be 3402.20.5000, Harmonized Tariff Schedule of the United States, which provides for 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.

The Body Lotion, Bath Fizzer and Shower Gel products may be 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 Deborah Walsh at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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