The tariff classification of “Avent Future Mother Set” and “Avent Babycare Set” from England

NY G82388 October 19, 2000 CLA-2-34:RR:NC:2:240 G82388 CATEGORY: Classification TARIFF NO.:3402.20.5000 Mr. Kevin Egan E.Besler & Company P.O. 66361 Chicago, Illinois 60666-0361 RE: The tariff classification of “Avent Future Mother Set” and “Avent Babycare Set” from England Dear Mr. Egan: In your letter dated September 18, 2000, you requested a tariff classification ruling. A sample of the Avent Future Mother Set, SKU5012909005777, and Avent Babycare Set, SKU5012909005760, were submitted with your inquiry and are being returned as requested. The Avent Future Mother Set, packaged for retail sale, contains a 50 ml. tube of Indulgent Body Cream, a 100 ml. bottle of Relaxing Bath & Shower Essence, a 50 ml. tube of Leg and Foot Reviver and a 30 ml. spray pump bottle of Moisturising Light Oil. The Indulgent Body Cream, Leg and Foot Reviver and Moisturising Light Oil are skin care products used to soothe and moisturize the skin. The Bath & Shower Essence, containing a nonaromatic surfactant, is a skin cleanser. It can be used in the bath or shower. The Avent Babycare Set, packaged for retail sale, contains a 50 ml. tube of Bottom Balm, a 100 ml. bottle of Body & Hair Wash, a 50 ml. tube of Massage Gel, a 100 ml. bottle of Cleanser & Moisturiser and a 30 ml. spray pump bottle of Liquid Talc. The Bottom Balm, Liquid Talc and Massage Gel are skin care products used to soothe and moisturize the skin. The Cleanser & Moisturiser is a cleansing milk applied directly to the face and body between baths to cleanse and moisturize the skin. It does not contain a surfactant. The Body & Hair Wash, containing a nonaromatic surfactant, is a skin cleanser. It can be used in the bath or shower to cleanse the body and hair. The Avent Future Mother and Babycare Sets are considered sets for tariff purposes. They are put up together to carry out a specific activity and packaged for sale directly to users without repacking. Both sets meet the qualifications of “goods put up in sets for retail sale” and will be classified in the heading which occurs last in numerical order among those which equally merit consideration. The applicable subheading for the Avent Future Mother Set and Avent Babycare Set will be 3402.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other….. The rate of duty will be free. Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553. 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 Deborah Walsh at 212-637-7062 or National Import Specialist Stephanie Joseph at 212-637-7066. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division