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NY H84941

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August 13, 2001

CLA-2-33:RR:NC:2:240 H84941

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.1000; 3401.11.5000; 3402.20.5000; 3924.90.5500; 6702.90.3500; 7323.99.9060

Mr. Pilar Dorfman
E. Besler & Company
P.O. Box 66361
Chicago, Illinois 60666-0361

RE: The tariff classification of FYO-Fruit Yogurt Bath Set from China

Dear Mr. Dorfman:

In your letter dated July 16, 2001, you requested, on behalf of your client LTD Commodities Incorporated, a tariff classification ruling.

A sample of the FYO-Fruit Yogurt Bath Set was submitted with your inquiry and is being returned as requested. The gift set contains strawberry scented shower gel, two strawberry scented bath cubes, a transparent bar of strawberry shaped soap, an artificial flower and fruit decoration made of plastic and fabric, a scented drawer sachet and a netting body sponge. The gift set is shrink wrapped in a reusable, wire mesh basket with handles. For Customs purposes, the Fruit Yogurt Bath Set is not a set and each item will be separately classified.

The applicable subheading for the bath cubes 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 rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the transparent soap will be 3401.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap and organic surface-active products and preparations, in the form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: For toilet use (including medicated products): 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: Other.. 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 artificial flower and fruit decoration will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial, foliage of fruit: Of other materials: Other: Of man-made fibers.. The rate of duty will be 9 percent ad valorem.

The applicable for the wire basket will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles: Of iron or steel: Other: Other.. The rate of duty will be 3.4 percent ad valorem.

A ruling on the Scented Draw Sachet can not be issued at this time. The information on your color brochure contradicts with the information on the actual article. Please verify the use of the product.

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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See also:

• Tariff No.: 3307.30.10 - Bath salts, whether or not perfumed
• 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.: 3402.20.50 - Surface-active, washing, and cleaning preparations nesoi, put up for retail sale
• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 6702.90.35 - Artificial flowers/foliage/fruit & pts thereof; articles of artif. flowers, etc.; all the foregoing of man-made fibers
• Tariff No.: 7323.99.90 - Iron (o/th cast)/steel (o/th tinplate or stainless), table, kitchen (o/th cooking.) or o/household arts & part, n/coated/plated w/prec.metal