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NY I88350




December 5, 2002

CLA-2-33:RR:NC:2:240 I88350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3305.10.0000

Mr. J. Scott Nielsen, President
E.R.C. Enterprises
3395 South Jones Blvd. #298
Las Vegas, NV 89146

RE: The tariff classification of “Fresh” Shampoo from Vietnam

Dear Mr. Nielsen:

In your letter dated November 15, 2002, you requested a tariff classification ruling.

Based on your literature, “Fresh” Shampoo is composed of deionized water, saponin, D-panthenol, sodium lauryl sulfate, sodium benzoate, glycerin, citric acid and a fragrance. It will be imported for retail sale in 220 ml. bottles and in bulk form in 400 liter drums. You further state that the bulk shampoo will be repackaged in retail size containers in the United States.

The applicable subheading for shampoo, imported in retail size containers, will be 3305.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for use on the hair: Shampoos.. The rate of duty will be free.

A classification ruling regarding shampoo imported in bulk form can not be issued at this time. A question of classification on a similar issue is currently pending before the Office of Regulations and Rulings, U.S. Customs Service Headquarters. When this issue is resolved, you may wish to consider resubmission of your request.

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, telephone number (301) 443-6553.

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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