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NY J86677




September 5, 2003

CLA-2-33:RR:NC:2:240 J86677

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.30.5000

Mr. Corey Klestadt
Trans-World Shipping Corp.
Cargo Bldg. 80
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of “Spooky, Berry Scary Scented Bath Confetti” Item 6256 from China

Dear Mr. Klestadt:

In your letter dated August 26, 2003 you requested a tariff classification ruling on behalf of your client Two’s Company, Inc.

A sample of “Spooky, Berry Scary Scented Bath Confetti” Item 6256 was submitted for review with your inquiry. This office has retained the sample. The product consists of Halloween shaped bath confetti packaged in a plastic retail tube. The bath product is sprinkled in the bath water to create bubbles and foam. You suggest that the proper classification is 9505.90.6000, HTS, which provides for Festive, carnival or other entertainment articles. The functional bath item is not used for decoration, nor is bath taking a traditional Halloween party activity.

The applicable subheading for the “Spooky, Berry Scary Scented Bath Confetti” will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations. The rate of duty will be 4.9 percent ad valorem

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors 5100 Paint Branch Parkway, College Park, MD 20740-3835 (202) 418 3412.

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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