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HQ 086232

February 7, 1990

CLA-2 CO:R:C:G 086232 NLP

CATEGORY: CLASSIFICATION

Mr. Scott Fraistat
Special Investments Co.
81 Sand Pit Road
Danbury, CT 06810

RE: Makeup Kit

Dear Mr. Fraistat:

Thank you for your letter of December 20, 1989, concerning a makeup kit imported from Hong Kong.

From the information provided, we are unable to determine the correct classification of the makeup kit under the Harmonized Tariff Schedule of the United States (HTSUS). In your letter, you state that the makeup kit was probably entered at a reduced rate as a toy, but it is your belief that the instant merchandise is a makeup product. In order to obtain a correct classification of the product under the HTSUS, you can submit a ruling request to:

U.S. Customs Service
Classification Division
6 World Trade Center
New York, New York 10048

You should include in your ruling request a complete description of the product, the method of manufacture, the cost of the product, and the product's principal use once imported. A leaflet further explaining our rulings program is enclosed.

Moreover, your letter states that it is your belief that the makeup kit does not meet any of the regulations or requirements set by the Food and Drug Administration (FDA) and that the product did not go through the FDA inspection process. To determine whether your product is subject to the FDA's regulations, you should contact the FDA at:

5600 Fishers Lane
Rockville, Maryland 20857
(202) 443-3380

If we can be of any further assistance in this or any other matter, please do not hesitate to call on us.

Sincerely,

John Durant, Director
Commercial Rulings Division


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