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NY J87700




August 8, 2003

CLA-2-34:RR:NC:SP:236 J87700

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000

Mr. Kevin Shen
Panalpina, Inc.
1776 On-The-Green, 67 Park Place
Morristown, NJ 07960-7103

RE: The tariff classification of Giorgio Beverly Hills Body Wash and Giorgio Beverly Hills Exuberant Body Wash from Ireland

Dear Mr. Shen:

In your letter dated July 23, 2003, on behalf of your client, Clarins Fragrance Group, you requested a tariff classification ruling.

The samples submitted were as follows:

Item #1 Giorgio Beverly Hills Body Wash is a perfumed body wash, put up in a 6.7 fl. oz. plastic bottle for retail sale.

Item #2 Giorgio Beverly Hills Exuberant Body Wash is a perfumed body wash, put up in a 1.6 fl. oz. plastic bottle for retail sale.

The applicable subheading for the Giorgio Beverly Hills Body Wash and Giorgio Beverly Hills Exuberant Body Wash will be 3401.30.5000, Harmonized Tariff Schedule of the United States, which provides for Organic surface-active products and preparations for washing the skin, in the form or liquid or cream and put up for retail sale, whether or not containing soap: Other. The rate of duty will be Free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (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 Harvey Kuperstein at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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