CLA-2-33:S:N:N7:240 809290
3305.10.0000; 4202.92.4500; 4901.10.0040; 9603.29.4090;
9801.00.1098
Ms. Barbara J. Clause
Tower Group International, Inc.
205 West Service Road
Champlain, New York 129-0218
RE: The tariff classification of "Tinkerbell Foursome" and
"Tinkerbell Quartette" from Canada, China and the U.S.
Dear Ms. Clause:
In your letter dated April 17, 1995, you requested a tariff
classification ruling on behalf of your client MEM Co. (Canada)
Ltd.
Two samples were submitted with your inquiry and are being
returned. The sample, Tinkerbell Foursome, contains talcum
powder and skin cream from Canada, cologne containing alcohol
from the U.S., a plastic nail brush from China and a printed
brochure from Canada. The items are packaged in a vinyl bag with
a drawstring closure and manufactured in China.
The sample, Tinkerbell Quartette, contains talcum powder,
cologne, shampoo, lotion and a printed brochure from Canada. The
items are packaged in a vinyl bag with a drawstring closure and
manufactured in China.
The vinyl drawstring bag does not contribute to grooming, as
do the other articles in the bag. The article functions as a
container for the products, but it can also be used for other
purposes. Although the bag functions as a container, it does not
meet the requirements of GRI 5 (a) or (b). GRI 5 (b) states that
packing materials and packing containers presented with the goods
therein shall be classified with the goods if they are of a kind
normally used for packing such goods. It is not the normal kind
of packing container for the goods. The vinyl drawstring bag,
grooming products and printed matter will be separately
classified.
PRODUCT HTS RATE
Lotion 3304.99.0000 3.9 Percent
Ad Valorem
Talcum powder 3304.91.0050 3.9 Percent
Ad Valorem
Skin cream 3304.99.0000 3.9 Percent
Ad Valorem
Cologne containing 9801.00.1098 Free alcohol (from the U.S.)
Cologne containing 3303.00.3000 4 Percent
alcohol (from Canada) Ad Valorem
Shampoo 3305.10.0000 3.9 Percent
Ad Valorem
Nail brush 9603.29.4090 7 Percent Ad
Valorem plus 0.2
cents each
Vinyl drawstring 4202.92.4500 20 Percent Ad
bag Ad Valorem
Printed Matter 4901.10.0040 Free
The lotion, talcum powder, skin cream, cologne and shampoo
may be subject to the regulations of the Food and Drug
Administration. You may contact them at 5600 Fishers Lane,
Rockville, Maryland 20857, telephone number (202) 443-3380.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have already been filed, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport