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NY N009558




May 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Ms. Sandra Wieckowski
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of Air Freshener Gel-filled blister pack from Italy

Dear Ms. Wieckowski:

In your letter dated April 6, 2007, you requested a tariff classification ruling on behalf of your client Jeyes, Inc.

A sample of the air freshener gel-filled blister pack was submitted with your inquiry. The item consists of a disc-shaped clear plastic packaging filled with a fragranced gel. A metal foil protective cover is attached to the back of the plastic packaging. The protective cover is removed from the gel pack, and the air freshener is inserted into a circular, molded plastic housing. The housing does not contain a fan or motor. After importation the air freshener gel-filled blister pack will either be packaged with the molded plastic housing and sold as a retail household air freshener, or several blister packs will be packaged together to be sold as refills.

You assert that the classification for the air freshener gel-filled blister pack falls in subheading 3302.90.1050, HTSUS, which provides for Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: Other. Heading 3302 provides for mixtures of odoriferous products which will be used as raw materials in the manufacture of products of the food, drink, perfumery or other industries, or the manufacture of beverages with a basis of odoriferous substances. The air freshener gel-filled packs, which are finished products ready for sale, contain odoriferous substances. They, however, are not of a kind used as raw materials in the perfumery, food, drink industries (e.g., in confectionary, food or drink flavorings) or in other industries (e.g., soap-making), nor will they be further manufactured. The products are not classifiable in subheading 3302.90.1050 because they are not raw materials used in the perfumery or similar industries.

As you correctly point out, Chapter 33 Note 3 states “Headings 3303 to 3307 apply, inter alia, to products, whether or not mixed (other than aqueous distillates and aqueous solutions of essential oils), suitable for use as goods of these headings and put up in packings of a kind sold by retail for such use. The air freshener gel-filled blister packs packaged for retail sale would fall within the purviews of heading 3307. Subheading 3307.49.0000 provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. Products of this subheading are utilized to chemically act on the odors to be overcome or emit a pleasant fragrance to a room. The instant products serve such a function, i.e., the air freshener gel filled pack, when placed in the plastic housing, will perfume and freshen the air in a room.

The applicable subheading for the air freshener gel-filled blister pack 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 Federal Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 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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