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NY K80024




November 7, 2003

CLA-2-33:RR:NC:2:240 K80024

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.99.5000; 3306.10.0000; 3306.20.0000; 3306.90.0000; 3926.90.9880; 4202.92.3031; 4818.20.0040; 4821.10.2000; 6115.92.9000; 6307.90.9889; 9603.21.0000

Mr. Casimir J. Ries
Coppersmith Inc.
760 Bonnie Lane
Elk Grove, IL 60007

RE: The tariff classification of airline amenity kits from China

Dear Mr. Ries:

In your letter dated October 3, 2003 you requested a tariff classification ruling on behalf of your client United Airlines.

Samples of two amenity kits were submitted with your inquiry. The amenity kits are distributed to airline passengers either during their trip or at their destination if their luggage is not available. United Airlines distributes two different amenity kits according to the status of the passenger. The First Class Amenity Kit contains eyeshades, cotton socks, ear plugs, facial tissues, toothbrush, toothpaste, mouthwash, dental floss, lip balm, and moisturizer packed together in a faux suede drawstring travel bag. The Business Class Amenity Kit contains socks, eyeshades, facial tissues, earplugs, “Do Not Disturb” sticker, toothbrush, toothpaste, dental floss, and moisturizer packed together in a drawstring travel nylon bag. You state that the proper classification for these amenity kits falls under 9605.00.0000, HTS, which provides for Travel sets, for personal, toilet, sewing or shoe or clothes cleaning. Heading 9605 excludes the classification of airline amenity kits as stated in the Explanatory Notes to the heading: ..”....[e]xcludes sets distributed by airlines to passengers (during their flight or at their destination if their baggage is not available), consisting of fabric bags containing articles of the types listed in Items (1) and (3) above, cosmetics, perfumery or toilet articles, handkerchiefs of cellulose wadding, but also made up textile articles such as pyjamas, T-shirts, trousers, shorts, etc. The articles of these sets are classifiable according to their own appropriate heading”.

The applicable subheading for the lip balm will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lip make-up preparations. The rate of duty will be free.

The applicable subheading for the moisturizer will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations and preparations for the care of the skin: Other. The rate of duty will be free.

The applicable subheading for the toothpaste will be 3306.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Dentifrices. The rate of duty will be free.

The applicable subheading for the dental floss will be 3306.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Yarn used to clean between the teeth (dental floss). The rate of duty will be free.

The applicable subheading for the mouthwash will be 3306.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for oral or dental hygiene: Other. The rate of duty will be free.

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.

The applicable subheading for the earplugs will be 3926.90.9880 Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics...Other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the drawstring travel bags of man made fiber textile materials will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags, with outer surface of textile materials, Other, Of man-made fibers, Other. The rate of duty will be 17.8 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

The applicable subheading for the facial tissues will be 4818.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Handkerchiefs, cleansing or facial tissues and towels (of paper pulp, paper, cellulose wadding, or webs of cellulose fibers): Other (than towels). The rate of duty will be 0.5 percent ad valorem

The applicable subheading for the “Do Not Disturb” sticker will be 4821.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Paper and paperboard labels of all kinds, whether or not printed: Printed: Printed in whole or in part by a lithographic process. The rate of duty will be 0.9 cents per kilo.

The applicable subheading for the First Class cotton socks will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of cotton: Other: Other. The duty rate will be 13.6% ad valorem. The textile category is 332.

China is a member of the World Trade Organization (WTO), and the socks are not currently subject to quota or the requirements of a visa. Based upon international textile trade agreements the socks are subject to quota and the requirement of a visa.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Business Class socks. Your request for a classification ruling should include the fiber contents of the socks. When this information is available, you may wish to consider resubmission of your request.

The applicable subheading for the eyeshades will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles: Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the toothbrush will be 9603.21.0000, HTS, which provides for toothbrushes, including dental-plate brushes. The rate of duty will be free.

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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