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NY L80186




November 8, 2004

CLA-2-34:RR:NC:SP:236 L80186

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000; 3406.00.0000; 9602.00.4000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 South Susan Street
Santa Ana, CA 92704

RE: The tariff classification of Ocean Breeze Bath Boutique, Item HBA-210155 from China

Dear Mr. Gat:

In your letter dated October 6, 2004, you requested a tariff classification ruling.

The sample submitted, Ocean Breeze Bath Boutique, consist of a 6X6 green wax bowl containing one bottle of liquid soap (275ml), one bottle of bath salt (100ml), one bottle of ocean breeze scented oil (100ml) and two floating candles molded into the shape of a flower. These products are shrink-wrapped in plastic.

Your sample is being retained for official purposes.

The applicable subheading for the Liquid Soap 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.

The applicable subheading for floating candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for candles, tapers and the like. The rate of duty will be free.

The applicable subheading for the wax bowl will be 9602.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Molded or carved articles of wax. The rate of duty will be 1.8 percent ad valorem.

We are unable to issue a ruling on the bath salt and the ocean breeze scented oil, without a complete chemical breakdown listing all ingredients, weight by percentage and chemical abstract number and name.

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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