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NY 863374

May 20, 1991

CLA-2-33:S:N:N1:240 863374

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.91.0010

Ms. Teres L. Knowles
Sims, Waters & Associates, Inc.
2052 E. 19th Street
Jacksonville, Florida 32206

RE: The tariff classification of Looking Pretty Play Cosmetics from Taiwan

Dear Ms. Knowles:

In your letter dated May 8, 1991, you requested a tariff classification ruling on behalf of your client Ja-Ru, Inc.

Samples were submitted for two styles of Looking Pretty Play Cosmetics. Item # 91, Looking Pretty Play Cosmetics Compact Set consists of a compact containing four palettes of eye shadow, two palettes of blush, a blush brush and eyeshadow applicator. Item # 95 Looking Pretty Play Cosmetics Beauty Set consists of eight eye shadow palettes, lipstick, two blush palettes, a blush brush and an eyeshadow applicator. Both compacts consist of real make- up.

The applicable HTS subheading for Looking Pretty Play Cosmetics Compact Set and Looking Pretty Play Cosmetics Beauty Set will be 3304.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powders, whether or not compressed: rouges. The duty rate will be 4.9 percent ad valorem.

Cosmetics are subject to the regulations and requirements of the food and Drug Administration (FDA). Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 5600 Fishers Lane, Rockville Lane, Rockville, Maryland 20857. The telephone number is (301) 443-3370

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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