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NY H88521




March 22, 2002

CLA-2-33:RR:NC:2:240 H88521

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Mr. Lucien S. Yokana Guthrie
Atmospheric Solutions, LLC
1160 Fifth Avenue
Suite 506
New York, NY 10029

RE: The tariff classification of NoOzone Vaporizer from England

Dear Mr. Yokana Guthrie:

In your letter dated February 5, 2002 you requested a tariff classification ruling.

Your request concerns the classification of NoOzone Vaporizer, a product marketed to eliminate harmful indoor ozone. NoOzone Vaporizer is composed of a linalool impregnated vyon plastic pad inserted into a molded plastic case. You state that the NoOzone proprietary internal membrane dispenses a precisely controlled amount of ozone neutralizing vapor, with the pleasant, soothing scent of natural lavender.

The applicable subheading for the NoOzone Vaporizer will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

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 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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