United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L88747 - NY L88820 > NY L88809

Previous Ruling Next Ruling
NY L88809




November 29, 2005

CLA-2-33:RR:NC:2:240 L88809

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.41.0000; 3307.49.0000; 3307.90.0000

Mr. Ayoola Alabi
Alab Ventures Inc.
1211 W. 63 Street
Chicago, Il 60636

RE: The tariff classification of various room fragrance products from China

Dear Mr. Alabi:

In your letter dated November 15, 2005 you requested a tariff classification ruling on several room fragrance products. As per our request of October 26, 2005, you submitted samples.

Your ruling request pertains to the classification of a cardboard car air refresher, SMOKE ashtray refresher, incense sticks, PEACH Oil Perfume, Vanilla Reed Diffuser and a Tea Rose Fragrance Sachet. The car freshener consists of a flower shaped fragrance-impregnated cardboard. A string is provided for hanging. The SMOKE ashtray freshener, composed of fragrance-impregnated vermiculite, is packaged for retail in a metal container. The Incense Sticks are packed for retail sale in a metal container. The Vanilla Reed Diffuser consists of a bottle of a fragrance preparation and wood reeds. The reeds are placed in the top of the bottle. The fragrance is absorbed in the reeds and diffused throughout the room. The Tea Rose Fragrance Sachet consists of fragrance-impregnated vermiculite packed in a paper envelope. A plastic hanger is attached to the envelope for hanging. The fragrance sachet can be hung in a closet, placed in dresser drawers or armoire. The PEACH oil perfume is used for potpourri and oil burners. In our letter of October 26, 2005 we asked whether the fragrance oil consisted of a mixture or a single essential oil. We also requested the complete composition by weight of each component. You state that the essential oil is composed of a single essential oil, however, you did not identify the essential oil, nor did you indicate whether the product is a formulation consisting of other components. Your inquiry does not provide enough information for us to give a classification ruling on PEACH Oil Perfume. Your request for a classification ruling should include the name of the essential oil, e.g. peach kernel oil, and any other ingredients present in the formulation. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. Ruling requests are limited to a maximum of 5 items of the same class or kind.

The country of origin marking and the list of ingredients are not present on the retail packages of the Vanilla Reed Diffuser, SMOKE Ashtray Refresher, Peach Oil Perfume and the Incense Sticks. The ingredients must be indicated on all perfumery, cosmetic and toiletry products. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The applicable subheading for the Incense sticks will be 3307.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or aftershave 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. Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: “Agarbatti” and other odoriferous preparations which operate by burning. The rate of duty will be 2.4 percent ad valorem.

The applicable subheading for the Vanilla Reed Differ, SMOKE Ashtray Refresher, and Car Freshener will be 3307.49.0000 Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or aftershave 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. Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the Fragrance Sachet will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or aftershave 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. Pre-shave, shaving or aftershave 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 rate of duty will be 5.4 percent ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone (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,

Previous Ruling Next Ruling

See also: