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NY 805897





February 7, 1995

CLA-2-33:S:N:N7:240 805897

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.0000

Ms. Yvonne Sherri Lopez
AFI (California), Inc.
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

RE: The tariff classification of "Psoderma" Creme Homeopathique from Israel

Dear Ms. Lopez:

In your letter dated January 5, 1995 you requested a tariff classification ruling on behalf of your client Gidi Cohen.

A sample of Psoderma Creme Homeopathique was submitted with your inquiry and is being returned. Psoderma Creme Homeopathique, packaged for retail sale, is a moisturizing creme for the skin.

The applicable subheading for this product will be 3304.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other preparations for the care of the skin. The rate of duty will be 3.9 percent ad valorem.

Articles classifiable under subheading 3304.99.0000, HTS, which are products of Israel are entitled to duty free treatment under the United-States-Israel Free Trade Area Implementation Act of 1985 upon compliance with all applicable regulations.

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.

The sample submitted was not marked with the country of origin. Based on marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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 been filed without a copy, 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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