The tariff classification of a room spray, reed diffuser, and candle from Turkey

N339704 May 22, 2024 CLA-2:OT:RR:NC:N3140 CATEGORY: Classification TARIFF NO.: 3307.49.0000; 3406.00.0000 Zahid Oz Soz Trade 27 Butler StreetClifton, NJ 07011 RE:  The tariff classification of a room spray, reed diffuser, and candle from Turkey Dear Mr. Oz: In your letter dated April 24, 2024, you requested a tariff classification ruling. The subject merchandise consists of four products, as described below: The first product is a room spray. The ingredients are listed as aroma, aqua, ethyl alcohol, perfume, alpha-isomethyl ionone, benzyl salicylate, and linalool.  It comes in a dark green bottle with the words “Aroma Natural” inscribed in the front. You indicate that it provides a pleasant odor to living areas such as the home and office. The second product under consideration is a poured wax candle. The candle is made from natural soy wax infused with fragrance oils and features a cotton wick. It comes in a dark green, tapered glass jar with a wood lid. Per your correspondence, both the wax and wick are sourced from Turkey. The third product is a reed diffuser. This item consists of a small, frosted glass bottle containing fragrance oil with reed sticks (diffuser sticks). The words “Aroma Natural” are inscribed in the front of the bottle. The reed sticks absorb the scented oil from the container and release the fragrance into the air. The glass bottle, the fragrance oil and the diffuser sticks are packaged together for retail sale. The fourth product is fragrance oil. You indicate that this item will be used with air diffuser machines for ambient scenting. The applicable subheading for the room spray and reed diffuser 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 general rate of duty is 6%. The applicable subheading for the candle in a glass holder will be 3406.00.0000, HTSUS, which provides for “Candles, tapers and the like.” The general rate of duty is Free. With respect to the fragrance oil, since you were unable to provide a complete component breakdown, we cannot provide a ruling for this product at this time. Once you are able to obtain this information, you may submit a new request. 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 at https://hts.usitc.gov/. You also requested a country of origin and marking determination. Additional information is needed and will be addressed under separate cover. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), 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, 5001 Campus Drive, College Park, MD 20740-3835, telephone number (888) 463-6332, or by visiting their website at: www.fda.gov. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Merari Ortiz at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division