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NY I82154




June 19, 2002

CLA-2-42:RR:NC:3:341 I82154

CATEGORY: CLASSIFICATION

TARIFF NOS.: 4202.92.3031, 8212.10.0000, 6307.90.9889, 3307.10.1000, 3924.90.5500, 4911.99.6000, 9603.21.0000, 3926.90.9880, 6307.90.9889, 2106.90.9985, 3304.99.5000, 3306.10.0000

Irene Kwok
C/o CDP ASIA, LTD.
330 Madison Ave., 12/F
Suite 1278
New York, New York 10017

RE: The tariff classification of the “Travel Kit for Basic” bag and contents from China

Dear Ms. Kwok:

In your letter dated May 24th, 2002 you requested a tariff classification ruling. The samples submitted consist of a travel kit which consists of a toiletry bag and various personal care items.

The first sample submitted is a toiletry bag constructed of man-made fiber textile. The bag measures approximately 6 ¼”W x 4 ¼”H x 2 ½”D and has a three side zipper enclosure. The inside is lined and features a clear plastic open pocket.

The following sample items were included in the bag:

Safety Razor w/ PVC Pouch
Plastic Comb
Earpiece Guards
Shaving Cream
Plastic Shoe Horn
Socks
“Do Not Disturb” Paper Sticker
Toothbrush
Disposable Earplugs
Eyemask
Mints
“ Biotherm” (Skin Care Product)
Toothpaste

The applicable subheading for Sample #1, the toiletry bag, will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will be 18.1 per cent ad valorem.

The applicable subheading for Sample #2, the safety razor will be 8212.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for razors. The rate of duty will be Free.

The applicable subheading for Sample #3, the plastic comb, will be 9615.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-sliders and the like: of hard rubber or plastics if valued not over $4.50 per gross. The rate of duty will be 14.4 cents/gross + 2% ad valorem. If the valued over $4.50 per gross, the applicable subheading will be 9615.11.3000 (HTS) and the rate of duty will be 28.8 cents/gross + 4.6% ad valorem.

The applicable subheading for Sample #4, the earpiece guards, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articlesOther. The rate of duty will be 7 per cent ad valorem.

The applicable subheading for Sample #5, the packet of shaving cream, will be 3307.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for pre-shave, shaving, or after-shave preparations. The rate of duty will be 4.9 per cent ad valorem.

The applicable subheading for Sample #6, the plastic shoe horn, will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for household articlesof plastics: other: other. The rate of duty will be 3.4 per cent ad valorem.

The applicable subheading for Sample #7, a pair of socks, can not be determined as the component material breakdown of the socks is unknown.

The applicable subheading for Sample #8, the “Do Not Disturb” paper sticker, will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) printed matter, printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.1 per cent ad valorem.

The applicable subheading for Sample #9, the toothbrush, will be 9603.21.000, Harmonized Tariff Schedule of the United States (HTS), which provides for toothbrushes, including dental-plate brushes. The rate of duty will be Free.

The applicable subheading for Sample #10, the disposable ear plugs, will be 3926.90.9880,

Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic, other. The rate of duty will be 5.3 per cent ad valorem.

The applicable subheading for Sample #11, the eyemask, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articlesOther. The rate of duty will be 7 per cent ad valorem.

The applicable subheading for Sample #12, the small packet of sugar-free mints, will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included: otherotherother: confectionery (including gum) containing synthetic sweetening agents (e.g., saccharin) instead of sugar. The rate of duty will be 6.4 per cent ad valorem.

The applicable subheading for Sample #13, the “Biotherm” skin care product, is 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)Other. The rate of duty will be Free.

The applicable subheading for Sample #14, the small tube of toothpaste, will be 3306.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations for oral or dental hygienedentifrices. The rate of duty will be Free.

Sample numbers 5, 12, 13, and 14 are food, cosmetic, and toiletry products that are 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.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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