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NY 875914

July 17, 1992

CLA-2-33:S:N:N1:240 875914

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.20.0000; 3304.30.0000; 3304.91.0010; 9603.30.2000; 9615.19.6010; 9616.20.0000

Mr. Paul John Crowley
Sharretts, Paley, Carter & Blauvelt, P.C
67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of "Looks Good" Cosmetics and Hair Accessory Assortment Item # 2641 from Taiwan

Dear Mr. Crowley:

In your letter dated June 30, 1992, you requested a tariff classification ruling on behalf of your client The Mel Appel Group, Inc.

A sample of "Looks Good" Cosmetics Item # 2641 was submitted with your inquiry and is being returned as requested. The item consists of four powdered eye shadows, two powdered blushes, one foam applicator, one blush brush, one lipstick, one bottle of nail polish, one headband, one barrette and one scrunch.

The headband is composed of foam rubber and is covered with a multi-colored fabric (semi rigid constructed.) The scrunch consists of elastic covered with multi-colored fabric. The barrette consists of a circular shaped fabric measuring approximately two inches in diameter and decorated with a bow and bead which is securely attached to the center of the fabric. The "Looks Good" Cosmetics and Hair Accessory Assortment is designed for use by young girls ages eight and up.

Item # 2641 is not considered a set and each item will be separately classified as follows:

ITEM HTS RATE OF DUTY
eye shadow 3304.20.0000 4.9% ad valorem
blush 3304.91.0010 4.9% ad valorem
lipstick 3304.10.0000 4.9% ad valorem
nail polish 3304.30.0000 4.9% ad valorem
foam applicator 9616.20.0000 8.5% ad valorem
blush brush 9603.30.2000 5.1% ad valorem
(valued not over 5 cents each)
headband (semi rigid) 9615.19.6010 11% ad valorem
barrette 9615.19.6010 11% ad valorem

We are unable to offer a written opinion on classification of the scrunch (ponytail) at this time. A question of classification is presently before Headquarters. Please contact National Import Specialist G. Brownchweig, NIS 236 at (212) 466- 5744 for a verbal opinion.
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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