CLA-2-64:OT:RR:NC:SP:247
Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of an Aromatherapy Spa Set from China
Dear Ms. Trotta:
In your letter dated February 24, 2009 you requested a tariff classification ruling for an item referred to as “Comfort Spa Set with Aromatherapy” Model CB3WC. The item, presented in a retail package, consists of a pair of slippers, an eye mask and a “spa wrap” all made of matching textile material. The items are designed to accommodate individual microwavable or freezable packets of herbs or spices which you identify as flax seeds and lavender flower.
The applicable subheading for the slippers will be 6405.20.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear; with uppers of textile material: other. The rate of duty will be 12.5 percent ad valorem.
The applicable subheading for the eye mask and “spa wrap” will be 1404.90.9090, HTSUS which provides for vegetable products not elsewhere specified or included: other. The rate of duty will be Free.
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/.
The submitted footwear sample is not marked with the country of origin. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."
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 Richard Foley at (646) 733-3042.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division