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NY L88025




October 28, 2005

CLA-2-85:RR:NC:N1:113: L88025

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.79.0000

Ms. Yvonne Whitley
The Millwork Trading Company, Ltd.
1372 Broadway, 2nd floor
New York, NY 10018

RE: The tariff classification of an air freshener from China

Dear Ms. Whitley:

In your letter dated October 4, 2005, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The sample you submitted is a waterless vaporizer air freshener (item number PP#1027709/S#F951771). It is a domestic, electric appliance that is composed of a round, plastic body measuring approximately 4 inches in diameter and 1.5 inches in height. Beneath a hinged plastic lid with 6 vent strips is a 2-inch diameter, steel dish. A vial of eucalyptus citrus essential oil is included. Drops of the oil are placed on the steel dish and the lid is closed. The unit is plugged into an outlet, and within 10 to 20 minutes, the heated oil diffuses a pleasant fragrance.

The applicable subheading for the air freshener will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrothermic appliances of a kind used for domestic purposes, other. The rate of duty will be 2.7 percent ad valorem.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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