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NY L86998




September 12, 2005

CLA-2-33:RR:NC:2:240 L86998

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000

Mr. Martin J. Sveum
FedEx Trade Networks Transport & Brokerage, Inc. #8 14th Street
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of Potpourri from Canada

Dear Mr. Sveum:

In your letter dated July 8, 2005, you requested a tariff classification ruling. Three samples of potpourri from the Home Fragrance Collection were submitted with your initial ruling request.

The potpourri consists of scented dried flowers, fruits, seeds, pine cones, leaves, bellani balls and bell slices. The samples are packaged for retail sale in cellophane bags and tied with decorative ribbons. The bags, labeled "Spirit of Christmas," "Orange Pomegranate" and "Mandarin Tea," each contain a different assortment of potpourri and fragrance. The potpourri can be placed in a bowl to fragrance a room or can be used to scent clothing stored in a closet or dresser.

The applicable subheading for potpourri will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.. The general 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.

Additional requirements may be imposed on these products by the United States Department of Agriculture. You may contact the United States Department of Agriculture Animal and Plant Health Inspection Service at Kennedy Airport, Building 77, Jamaica, New York 11430.

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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