CLA-2-33:OT:RR:NC:2:240

Ms. Ana Gladys Reyes
Cooperativa de Agua Manantiales de PR (Manacoop)
PO Box 194222
San Juan, Puerto Rico 00919

RE: The tariff classification of air fresheners from Bulgaria

Dear Ms. Reyes:

In your letter dated November 2, 2011, you requested a tariff classification ruling.

Your request pertains to five products marketed as air fresheners. Areon Fresco and Areon Fresco XXL are decorative wooden car air fresheners containing a liquid fragrance. Areon Gel Freshener is composed of a plastic holder filled with a gel fragrance. Areon Home Comfort is sold at retail in a spray bottle containing an air freshener fragrance. Areon Home Perfume Electric Plug Air Freshener consists of an electric plastic container with a disposable bottle of fragrance. Areon Gel Freshener, Areon Home Comfort, and Areon Home Perfume Electric Plug Air Freshener are sold as air fresheners for use in the home. The air fresheners are sold in different fragrances.

The applicable subheading for the Areon Gel Air Freshener and Areon Home Comfort will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling for Areon Home Perfume Electric Plug Air Freshener. Your request for a classification ruling should include a representative sample, marketing literature and cost breakdown of all components. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The issue of novelty air fresheners is presently before the Office of Regulations and Rulings (OR&R), Office of International Trade at Customs Headquarters in Washington, DC. See 19 C.F.R. 177. This office is precluded from issuing a classification ruling with regard to the Areon Fresco and Areon Fresco XXL car freshener at this time. On publication of the final ruling, if you still wish you may resubmit your request for a prospective ruling. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 Stephanie Joseph at (646) 733-3268.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division