The tariff classification of "Tinkerbell Foursome" and "Tinkerbell Quartette" from Canada, China and the U.S.

NY 809290 May 16, 1995 CLA-2-33:S:N:N7:240 809290 CATEGORY: Classification TARIFF NO.: 3303.00.3000; 3304.91.0050; 3304.99.0000; 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