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NY H89617

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April 11, 2002

CLA-2-39:RR:NC:SP:222 H89617

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 3402.20.5100; 3304.99.5000; 3926.90.1500; 9603.90.8050 3924.10.4000

Mr. Kevin Egan
E. Besler & Company
P. O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of plastic baby products from England.

Dear Mr. Egan:

In your letter dated March 18, 2002, on behalf of your client Avent America, Inc., you requested a classification ruling.

The three submitted samples are identified as (1) Deluxe Gift Set, number 6126900425, (2) Newborn Starter Set, number 6126900424 and (3) Complete Feeding Set, number 6126900423. Each set will be packaged in a cardboard box depicting the contents inside. The box will be wrapped and sealed with clear plastic for retail sale.

The Deluxe Gift Set consists of two 4-ounce plastic bottles with newborn nipples, two 9-ounce plastic bottles with newborn nipples, one disposable plastic nurser bottle with newborn nipple and 10 pre-sterilized disposable plastic liners. The set also includes one 7-ounce plastic training cup with handles and a soft spout, one tube of Avent Massage Gel, one tube of Avent Body & Hair Wash, one plastic pacifier with a silicone nipple and one bottle brush. Since the components of this set are put together to carry out different activities and meet various needs, they do not satisfy the requirements for classification as a set. All articles will be classified separately.

The Newborn Starter Set includes two 4-ounce plastic feeding bottles with newborn nipples, two 9-ounce plastic feeding bottles with newborn nipples, two newborn nipples, one tube of Avent Body & Hair wash, one bottle brush and one plastic newborn pacifier with a silicone nipple. Since the items in this set are put together to carry out different activities to meet various needs, they do not meet the requirements for classification as a set. The items will be classified separately.

The Complete Feeding Set includes one 4-ounce plastic feeding bottle with newborn nipples, two 9-ounce plastic feeding bottles with newborn nipples, two newborn nipples, one 7-ounce plastic training cup with handles and a soft spout and one plastic toddler spout for age 6 months. This set meets the qualifications of “goods put up for retail sale”. They are packaged together to meet a particular need and carry out a specific activity. This item will be classified as a set. The samples are returned as you requested.

The applicable subheading for the Complete Feeding Set, number 6126900423, as well as for the baby feeding bottles and disposable plastic liners in the Avent Gift Set and the Newborn Starter Set will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic training cup with handles and a soft spout will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the Avent Body & Hair Wash will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations put up for retail sale:Other. The rate of duty will be Free.

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.

The applicable subheading for the Avent Massage Gel 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 duty rate will be free.

The applicable subheading for the silicone nipples and the plastic pacifier with a silicone nipple will be 3926.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, nursing nipples and pacifiers. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the baby bottle brush will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for Brushes: Other: Other. The rate of duty will be 2.8% ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3304.99.50 - Beauty or make-up preparations & preparations for the care of the skin, excl. medicaments but incl. sunscreen or sun tan preparations, nesoi
• Tariff No.: 3402.20.51 - Surface-active, washing, and cleaning preparations nesoi, put up for retail sale, not of heading 3401
• Tariff No.: 3924.10.40 - Tableware and kitchenware articles, nesoi, of plastics
• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 3926.90.15 - Nursing nipples and pacifiers, of plastics
• Tariff No.: 9603.90.80 - Brooms & brushes nesoi, mops, hand-operated mechanical floor sweepers, squeegees and similar articles, nesoi