CLA-2-33:RR:NC:2:240 J89029

Ms. Maria R. Coletta
Cargotrans Inc.
275 N Central Avenue
Valley Stream, NY 11580

RE: The tariff classification of Pegaso Men’s Cologne from Italy

Dear Ms. Coletta:

In your letter dated October 9, 2003you requested a tariff classification ruling on behalf of your client Luciano Moresco. A sample of Pegaso Men’s Cologne was submitted with your inquiry. The product consists of a spray bottle containing 3.3 fluid ounces of men’s cologne packed in a green cardboard box.

The applicable subheading for the Pegaso Men’s Cologne will be 3303.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumes and toilet waters. 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 U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835 (202) 418 3412.

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