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NY R02743




November 15, 2005

CLA-2-33:RR:NC:2:240 R02743

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Ms. Swapna Venkateswaran
Williams-Sonoma, Inc.
151 Union Street, Ice House 1 - 7th Floor San Francisco, CA 94111

RE: The tariff classification of Ceramic Mini Diffuser Sets from China and the United States

Dear Ms. Venkateswaran:

In your letter dated October 27, 2005, you requested a tariff classification ruling. In addition, you requested information regarding the country of origin and marking requirements for the Ceramic Mini Diffuser Sets. Samples were not submitted with your ruling request for review.

The Ceramic Mini Diffuser Sets, Sku Nos. 7590110, 7590128, 7590136 and 7590144, each consists of a glass vial containing 1 ounce of fragrance oil (diffuser fragrance), 15 rattan reeds (diffuser sticks) and a ceramic container. The sets are identical with the exception of the fragrance. The ceramic container is designed to hold the diffuser fragrance and the diffuser sticks. The sticks absorb the liquid and diffuse the fragrance into the room.

You state that the ceramic containers, diffuser sticks and the glass vials are made in China. The diffuser fragrances, formulated and blended in the United States, are bottled in glass vials in China. The items are packaged together and marketed as a set for retail sale also in China. For tariff classification purposes, the Ceramic Mini Diffuser Sets are considered sets designed to fragrance a room.

The applicable subheading for the Ceramic Mini Diffuser Sets 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.

In order to comply with marking requirements, all of the components and their countries of origin must be listed on the external packaging of the sets in a conspicuous manner. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. ยง1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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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