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NY L80687




November 24, 2004
CLA-2-34:RR:NC:SP:236 L80687

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000

Ms. Cindy Metcalf
Mary Kay Inc.
P.O. Box 799045
Dallas, TX 75379-9045

RE: The tariff classification of Happiness Body Wash and Belara Shower Gel from Canada

Dear Ms. Metcalf:

In your letter dated October 25, 2004, you requested a tariff classification ruling.

The samples submitted are as follows:

Item#1 Happiness Body Wash is a perfumed body wash that also moisturizes the skin. It is put up for retail sale in a 7.75 fl oz plastic bottle, packaged in a cardboard box.

Itme#2 Belara Shower Gel is a perfumed shower gel that is used to cleanse the body. It is put up for retail sale in a 4.5 fl oz plastic tube, packaged in a cardboard box.

The applicable subheading for the Happiness Body Wash and Belara Shower Gel will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper; wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Other. 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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