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NY L88137




October 27, 2005

CLA-2-33:RR:NC:2:240 L88137

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Ms. Rosaria D’Angelo
Bax Global
896 Frelinghuysen Avenue
Newark, NJ 07114

RE: The tariff classification of ScentGel from Germany

Dear Ms. D’Angelo:

In your letter dated October 5, 2005 you requested a tariff classification ruling on behalf of your client Vogt Communications.

The ScentGel, packed for retail sale, is composed of an essential oil and a solidifying (silica) substance. The item is a solid scent gel used in conjunction with a scenting device referred to as a ScentCube. The ScentGel is inserted into the ScentCube which dispenses a controlled amount of fragrance into the air. The ScentGel is a preparation designed to fragrance a room.

The applicable subheading for the ScentGel will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 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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