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NY K89200




September 24, 2004

CLA-2-33:RR:NC:2:240 K89200

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000

Ms. Agnes M. Schaffer
Norman G. Jensen, Inc.
3050 Metro Drive, Ste. 300
Minneapolis, MN 55425

RE: The tariff classification of “Potpourri Rose Decoration”, Item No. DF-005, from China

Dear Ms. Schaffer:

In your letter dated August 25, 2004 you requested a tariff classification ruling on behalf of your client Trend Finders. A sample was submitted with your request and will not be returned.

The sample, referred to as “Potpourri Rose Decoration”, is a scented potpourri sachet. The sachet consists of a sheer organza fabric filled with dried flowers and plants. It is decorated with an imitation rose, secured with twisted rope and tied in a bow. The sachet is sprayed with perfume emitting a pleasant scent. The item is packed for retail sale in a clear plastic box and wrapped in a sheer organza bow. The potpourri sachet can be used to either fragrance clothing stored in a dresser or closet or for scenting a room. The applicable subheading for the scented potpourri sachet will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other perfumery, cosmetic or toilet preparations not elsewhere specified or included.. The rate of duty will be 5.4 percent ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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