CLA-2-34:RR:NC:SP:236 K83563

Mr. John K. Greenlee
John A. Steer Co.
28 South Second St.
Philadelphia, PA 19106

RE: The tariff classification of Kiwi Sports Express 3 in 1 Cleaner from Philippines

Dear Mr. Greenlee:

In your letter dated February 23, 2004, on behalf of your client, Sara Lee Household and Body Care Inc., you requested a tariff classification ruling.

The sample submitted, Kiwi Sports Express 3 in 1 Cleaner consists of the cleaner in a 4" x 3" x 1/2" plastic applicator with a plastic brush/sponge. The product is used to clean the surface of athletic shoes.

The applicable subheading for the Kiwi Sports Express 3 in 1Cleaner will be 3402.20.1100, 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: Containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem. The above product may be subject to the regulations of the Food and Drug Administration (FDA). Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 5600 Fishers Lane, Rockville, Maryland 20857. The telephone number is (301) 443-3370.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division