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NY 898044




June 15, 1994

CLA-2-33:S:N:N7:240 898044

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000

Mr. Sam Barcia
3998 N.W. 4th Avenue
Boca Raton, FL 33431

RE: The tariff classification of "Lip Prints" from Costa Rica

Dear Mr. Barcia:

In your letter dated May 10, 1994, you requested a tariff classification ruling.

A sample of "Lip Prints" was submitted with your inquiry and is being returned. "Lip Prints" is a lip make-up preparation. The lipstick on the "Lip Prints" is silk screened onto a plastic coated paper. The top layer is removed thereby exposing the lipstick. The plastic coated applicator is folded in half and inserted between the lips. By applying pressure, the lipstick is transposed onto the upper and lower parts of the lip.

The applicable HTS subheading for "Lip Prints" will be 3304.10.0000, Harmonized Tariff Schedule of the United States, 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: lip make-up preparations. The duty rate will be 4.9 percent ad valorem.

Based on information submitted, the "Lip Prints" is made in Costa Rica "wholly of" materials of U.S. origin, and is entitled to duty-free treatment under Note 2(b), provided the merchandise is imported directly into the United States without entering into the commerce of any foreign country other than a BC, and the applicable documentation requirements are satisfied.

This product may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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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