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NY I87935




November 7, 2002

CLA-2-39:RR:NC:SP:221 I87935

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, VA 23320

RE: The tariff classification of a soap and body sponge set from China.

Dear Ms. Grego:

In your letter dated October 25, 2002, you requested a tariff classification ruling.

The sample submitted with your letter is identified as bath cream/confetti soap/sponge tube, SKU 804063. It consists of one 50 ml bottle of bath cream, one 55 gram container of soap confetti and one extruded plastic mesh body sponge. The components are packaged inside a clear plastic packaging tube.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration.

The bath soap and body sponge set is considered to be a set for tariff classification purposes. No single component imparts the essential character, so the set will be classified in accordance with GRI 3(c). In this set, the heading for the extruded plastic mesh body sponge appears last in numerical order among the competing headings which equally merit consideration.

The applicable subheading for the bath soap and body sponge set will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles and toilet articles, of plastics: other: other. The general rate of duty will be 3.4 percent 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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