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NY R03361




March 21, 2006

CLA-2-33:RR:NC:2:240 R03361

CATEGORY: CLASSIFICATION

TARIFF NO.: 3301.29.5035

Mrs. Iryna V. Gattuso
Vesna LLC
19321 Knowlton Parkway, Suite 203
Strongsville, OH 44149

RE: The tariff classification of Rose Essential Oil from Ukraine

Dear Mrs. Gattuso:

In your letter dated March 2, 2006 you requested a tariff classification ruling for Rose Essential Oil. In addition, you requested information regarding the country of origin marking requirements.

Rose Essential Oil, botanical name Rose Damascena Mill, is an essential oil produced by steam distillation of fresh rose petals. As stated in your letter, the oil does not contain any additives or diluents. It will be packaged in 1 kg glass bottles, 0.5 ml glass vials and 5 and 10 ml amber bottles with dropper caps. The oil is used in the cosmetic industry primarily as a fragrance component in perfumes, creams, lotions and soaps. It is also extensively used in Aromatherapy.

The applicable subheading for Rose Essential Oil will be 3301.29.5035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Essential oils other than those of citrus fruit: Other: Other: Of rose. The rate of duty will be free.

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/.

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.

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.

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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