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NY M87764




November 16, 2006

CLA-2-33:RR:NC:2:240 M87764

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Ms. Jade Cunningham
Hecny Brokerage Services Inc.
116-B Burrs Road
Westampton, NJ 08060

RE: The tariff classification of Gardenia Reed Diffuser from China

Dear Ms. Cunningham:

In your letter dated October 19, 2006, you requested a tariff classification ruling on behalf of your client Cousin Corporation of America. A sample was submitted with your ruling request and will not be returned.

The Gardenia Reed Diffuser consists of a glass bottle containing 5.5 fluid ounces of gardenia fragrance oil, six reed sticks (diffuser sticks) and ten glass accents. The items are packaged together for retail sale in a cardboard box. The bottle, measuring approximately 6 ½ inches in height, is designed to hold the fragrance oil, diffuser sticks and glass accents. The sticks absorb the liquid and diffuse the fragrance into the room. For tariff classification purposes, the Gardenia Reed Diffuser is a set designed to perfume or deodorize a room.

 The applicable subheading will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 are 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 (301) 436-1130.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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