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NY R04139




June 16, 2006

CLA-2-33:RR:NC:2:240 R04139

CATEGORY: CLASSIFICATION

TARIFF NO.: 3303.00.3000

Ms. Janna Steidl
Associated Merchandising Corporation
33 South Sixth Street
Minneapolis, MN 55402

RE: The tariff classification of Berdoues “Violettes” Eau de Toilette in an atomizer bottle from France

Dear Ms. Steidl:

In your letter dated June 7, 2006 you requested a tariff classification ruling.

Your inquiry pertains to the classification of Berdoues “Violettes” Eau de Toilette. The product is packaged and sold at retail in a tin box containing an atomizer bottle filled with Berdoues “Violettes” Eau de Toilette. The atomizer bottle, which is refillable, and eau de toilette are not sold separately.

The applicable subheading for the Berdoues “Violettes” Eau de Toilette in an atomizer bottle will be 3303.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Perfumes and toilet water: Containing alcohol. The rate of duty will be duty 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.

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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