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NY J80887




March 12, 2003

CLA-2-63:RR:NC:TA:349 J80887

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.93.2000; 3924.90.5500; 4202.92.4500

Mr. Howard J. Woltmann
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike
Lawrence, NY 11559

RE: The tariff classification of a bath mitten, facial mask, facial brush and a travel bag from China.

Dear Mr. Woltmann:

In your letter dated February 20, 2003 you requested a classification ruling on behalf of Cosmetech Mably Intl LLC.

The submitted sample, described as a “Bath Kit”, consists of a bath mitten, facial brush, facial mask and a travel bag. The bath mitten is made from a knit man-made fiber fabric. The mitt is designed with the thumb free and no separation of the fingers. It has a cuff with an opening used for the insertion of a hand. The glove is green in color and has an abrasive outer surface. . The mitt is used in the bath as an exfoliator.

The facial brush is comprised of an extruded plastic mesh sponge affixed to a plastic handle. The handle features a cord loop used to hang the item.

The travel bag is made from clear polyvinyl chloride (PVC) plastic sheeting. The travel bag has a zipper closure.

The facial mask is designed to be placed over the eyes and consists of a plastic shell and a liquid filler.

In your letter you refer to instant sample as an “Bath Kit”. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which:

(a) consist of at least two different articles which are prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity;

(c) are put up in a manner suitable for sale directly to users without repacking.

In this instance the second criterion is not met and each item will be classified separately.

The applicable subheading for the bath mitt will be 6302.93.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: other: of man-made fibers: other. The duty rate will be 10 percent ad valorem.

The applicable subheading for the facial brush will be 3924.90.5500, HTS, which provides for household articles of plastics, other, other. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the travel bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

The bath mitt falls within textile category designation 666. Based upon international textile trade agreements products of China are not subject to quota or visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

Your inquiry does not provide enough information for us to give a classification ruling on the eye mask. Your request for a classification ruling should include a breakdown of all ingredients in the eye mask. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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