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NY L89487





January 10, 2006

CLA-2-33:RR:NC:2:240 L89487

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of Charcoal Balls Shoe Deodorizer, SKU # 10033029, from Thailand

Dear Ms. Davidson:

In your letter dated December 21, 2005 you requested a tariff classification ruling. A sample was submitted with your ruling request for review.

The Charcoal Balls Shoe Deodorizer, also referred to as Freshen it – Shoe Balls, consists of a package containing six charcoal balls measuring approximately 1¼ inches in diameter. The charcoal ball is composed of charred bamboo inside a polyurethane ball. The ball is placed inside the shoe to eliminate odors leaving a fresh scent. The item, packaged for retail sale, is a deodorizing preparation. The sample will not be returned.

The applicable subheading for the Charcoal Balls Shoe Deodorizer 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.

Articles classifiable under subheading 3307.49.0000, HTS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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