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NY I83220




July 1, 2002

CLA-2-33:RR:NC:2:240 I83220

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000; 3307.90.0000

Mr. Dave Pentland
Carson Custom Brokers (USA) Inc.
P.O. Box 653
Blaine, WA 98231

RE: The tariff classification of “100% Natural for Pets” product line from Canada

Dear Mr. Pentland:

In your letter dated June 5, 2002, you requested, on behalf of your client Canadian Holistic Pet Care Company Ltd., a tariff classification ruling. The “100% Natural for Pets” product line consists of Skin Relief Spray, Paw Rescue Spray, Invisible Boot, All-Purpose Deodorizer Spray and Pet Shade. Samples of the Skin Relief Spray, Paw Rescue Spray and Invisible Boot were submitted with your inquiry for review. Samples of the All-Purpose Deodorizer Spray and Pet Shade were not available for review at this time.

The Skin Relief Spray, composed of distilled water, aloe vera gel, tea tree oil and apricot kernel oil, is a multi-purpose skin care product. Based on your literature, it will be used to relieve itching, soothe and dehydrate dry skin and control odors and bacteria. The item is packed for retail sale in an 8 ounce plastic spray pump bottle.

The Paw Rescue Spray, composed of distilled water, aloe vera gel, tea tree oil, jojoba oil and friar’s balsam (benzoin), is a skin care product used to soothe, condition and soften rough, dry pads and nails. The item is packed for retail sale in a 4 ounce plastic spray pump bottle.

The Invisible Boot, composed of soybean oil, cottonseed oil, tea tree oil, beeswax, cornstarch, fullers earth and friar’s balsam (benzoin), is a skin care product used to protect paws from all types of weather conditions. The item is packed for retail sale in a 4 ounce plastic jar.

The All-Purpose Deodorizer Spray, is a room deodorizer used to eliminate pet odors. Based on your literature, it will be imported for retail sale in a 32 ounce non-aerosol spray can.

The Pet Shade, is a sunscreen used to screen out the sun’s harmful UV rays. Based on your literature, it will be imported for retail sale in a 2 ounce cream, which can be applied to the nose, ear tips and exposed flesh and an 8 ounce spray on lotion, which can be applied to the fur.

The applicable subheading for the All-Purpose Deodorizer Spray will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms: Other.. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the Skin Relief Spray, Paw Rescue Spray, Invisible Boot and Pet Shade will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other perfumery, cosmetic or toilet preparations, not elsewhere specified or included.. The rate of duty will be 5.4 percent ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug 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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