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NY H82655




June 25, 2001

CLA-2-33:RR:NC:2:240 H82655

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3307.30.1000

Ms. Yolanda Landau
Wilson Logistics, Inc
270 Terminal Avenue
Clark, NJ 07066

RE: The tariff classification of Verbena Body Salt Scrub, Relaxing Foaming Bath Salts and Calming Foaming Bath Salts from France

Dear Ms. Landau:

In your letter dated June 15, 2001 you requested a tariff classification ruling on behalf of your client L’Occitane Inc. Samples of the toiletry products were submitted for review.

The Verbena Body Salt Scrub, sold in a retail jar, is used as a skin exfoliant. The Relaxing Foaming Bath Salts and Calming Foaming Bath Salts are used in the bath water. According to the importer the products are not bubble baths nor do they contain surfactants.

The applicable subheading for the Verbena Body Salt Scrub 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. The rate of duty will be free.

The applicable subheading for the Relaxing Foaming Bath Salts and Calming Foaming Bath Salts will be 3307.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Bath salts, whether or not perfumed. The rate of duty will be 5.8 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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