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NY H86714




January 28, 2002

CLA-2-46:RR:NC:2:230 H86714

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200; 4602.10.8000; 3924.90.5500; 9603.29.4010; 9603.29.8010; 9603.29.4090; 9603.29.8090

Mr. Mathews C. Herring
Allegheny Brokerage Company, Inc.
5389 C.V. Jackson Road, Suite 1
New River Valley Airport
Dublin, VA 24084

RE: The tariff classification of a basket filled with bath accessories and brushes from China

Dear Mr. Herring:

In your letter dated January 6, 2002, on behalf of your customer, Fei Da Trading Company Inc., you requested a tariff classification ruling.

The ruling was requested on a product described as a bath kit, model # N-2238D. A sample of the product was submitted which will be returned to you as you requested.

The sample consists of a basket containing a loofah pad, a wooden hairbrush, a wooden nail brush, a plastic mesh scrubber, a bar of soap and a bottle of bath gel. The basket is a general purpose rectangular container measuring approximately 9-1/2 inches long by 7 inches wide by 2-1/2 inches high. It is made essentially of interwoven split willow. The loofah pad is a 4 inch long cut natural loofah sponge. The basket and its contents are not fitted together; they are simply wrapped together in cellophane.

Although sold together as a kit, the various articles are not classifiable as a set because not all of the articles are designed to meet a particular need or carry out a specific activity. The basket is a separate article of commerce and has a function separate from the bathing and grooming products. Each article in the kit is classifiable separately.

The applicable subheading for the basket will be 4602.10.1200, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made from plaiting materials; other baskets and bags, whether or not lined; of willow. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the loofah pad will be 4602.10.8000, HTSUSA, which provides for articles of loofah. The rate of duty will be 2.3 percent ad valorem.

The applicable subheading for the wooden hairbrush, if valued not over 40 cents each, will be 9603.29.4010, HTSUSA, which provides for . . . hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cent each plus 7 percent ad valorem.

The applicable subheading for the wooden hairbrush, if valued over 40 cents each will be 9603.29.8010, HTSUSA, which provides for . . . hairbrushes valued over 40 cents each. The rate of duty will be 0.3 cent each plus 3.6 percent ad valorem.

The applicable subheading for the wooden nail brush, if valued not over 40 cents each, will be 9603.29.4090, HTSUSA, which provides for other toilet brushes for use on the person, valued not over 40 cents each. The rate of duty will be 0.2 cent each plus 7 percent ad valorem.

The applicable subheading for the wooden nail brush, if valued over 40 cents each, will be 9603.29.8090, HTSUSA, which provides for other toilet brushes for use on the person, valued over 40 cents each. The rate of duty will be 0.3 cent each plus 3.6 percent ad valorem.

The applicable subheading for the plastic mesh scrubber will be 3924.90.5500, HTSUSA, 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.

Your inquiry does not provide enough information for us to give a classification ruling on the soap or the bath gel. Your request for a classification ruling should include a list of all the ingredients in the product and the percent by weight of each ingredient. When this information is available, you may wish to consider resubmission of your request. If you have any questions regarding the soap and the bath gel, contact National Import Specialist Deborah Walsh at 646-733-3034.

The soap and bath gel 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 (202) 443-3380.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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