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NY H83335




July 31, 2001

CLA-2-33:RR:NC:2:240 H83335

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3402.20.5000; 3924.90.5500; 4202.12.4000

Ms. Alice Liu
Atico International, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a Handbag Bath Gift Set from China

Dear Ms. Liu:

In your letter dated July 3, 2001, you requested a tariff classification ruling.

A sample of the Handbag Bath Gift Set was submitted with your inquiry and is being returned as requested. The gift set contains shower gel, hand and body lotion, body spritz and a netting body sponge. The items are packed in a travel case similar to a vanity case in design. The case is made of 100% cotton and has a PVC window for easy viewing. The Handbag Gift Set is not considered a set for Customs purposes. All items will be separately classified.

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 than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other.. The rate of duty will be free.

The applicable subheading for the shower gel 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. The rate of duty will be free.

The applicable subheading for the netting body 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: Other..... The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the travel case will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar container, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.6 percent ad valorem.

Items classifiable under HTS subheading 4202.12.4000 fall within textile category designation 369. Based upon international textile trade agreements products of China are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

A ruling on the Body Spritz can not be issued at this time. The following information is required: the chemical breakdown by percentage by weight of each component and how the product will be marketed.

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.

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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