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NY A82337




May 2, 1996

CLA-2-33:RR:NC:2:240 A82337

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.20.0000; 3304.30.0000; 3304.91.0010; 3304.91.0050; 3506.10.5000; 3919.90.5060; 3924.90.5500; 3926.40.0000; 5601.21.0090; 5601.22.0090; 9603.30.2000; 9603.30.4000; 9603.30.6000; 9616.20.0000;

Ms. Brenda Netto
Expeditors
1840 Airport Exchange Blvd.
Erlanger, Kentucky 41018

RE: The tariff classification of six "Color-Ups Cosmetic Sets" from Hong Kong

Dear Ms. Netto:

In your letter dated March 29, 1996, you requested a tariff classification ruling on behalf of your client Libby Lee Toys Inc.

Six samples of "Color-Ups Cosmetic Sets" were submitted with your inquiry.

Item 2240, "Color-Ups Heart Compact", consists of a heart shaped compact, containing. one round pan of cream lipgloss, two pans of powdered eyeshadow, one foam applicator, and a round mirror.

Item 2565, "Color-Ups Complete Makeup Set", consists of a rectangular plastic case, containing two rectangular pans of powdered blush, eight triangular pans of powdered eyeshadow, two tubes of three stackable, stick cream eyeshadows, one tube of five stackable stick lipsticks, one blush brush, and one foam applicator.

Item 2260, "Color-Ups Clear View Compact", consists of a star shaped compact, containing one pan of cream lipgloss, four triangular pans of powdered eyeshadow, one pan of powdered blush, and one applicator/brush.

Item 2625, "Color-Ups Deluxe Heart Case", consists of a heart shaped case, containing three rectangular pans of powdered blush, eight triangular pans of powdered eyeshadow, one tube of four stackable stick cream eyeshadows, one tube of four stackable stick lipsticks, three pans of cream lipgloss, two foam applicators, and one blush brush.

Item 2715, "Color-Ups Multi-Fold Compact", consists of a compact of four compartments that lock into one compact. The first compartment consists of four rectangular pans of powdered blush and a blush brush. The second compartment consists of eight triangular pans of powdered eyeshadows, and two foam applicators. The third compartment consists of four pans of cream lip gloss. The fourth compartment consists of two stackable sticks of four lipsticks, one stick of four stackable eyeshadows, and one mascara.

Item 2886, "Color-Ups Manicure and Makeup Gift Set", consists of three stackable stick lipsticks, four triangular pans of powdered eyeshadow, two rectangular pans of powdered blush, one bottle nail polish, two blush brushes, three foam applicators, twelve press-on nails with adhesive tabs, a sheet of plastic stick-on nail decals, two pink heart shaped emery boards backed on a foam core, a pink foam finger/toe separator, and four cotton balls. The products are used by young girls. The items are packaged together in a retail box. The items are not considered a set for Customs purposes. The products do not meet a particular need or carry out a specific activity. Each item will be classified separately in its own appropriate heading.

The applicable subheading for Item 2240, "Color-Ups Heart Compact", 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 skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powder, whether or not compressed: rouges. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for Item 2565, "Color-Ups Complete Makeup 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 skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powder, whether or not compressed: rouges. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for Item 2260, "Color-Ups Clear View Compact", will be 3304.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for beauty or make-up preparations and preparations for the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powder, whether or not compressed: other. The rate of duty will be 2.9 percent valorem.

The applicable subheading for Item 2625, "Color-Ups Deluxe Heart Case", 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 skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powder, whether or not compressed: other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for Item 2715, "Color-Ups Multi-Fold Compact", will be 3304.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for beauty or make-up preparations and preparations for the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: other: powder, whether or not compressed: other. The rate of duty will be 2.9 percent valorem.

The applicable separate subheadings for the products contained in Item 2886, "Color-Ups Manicure and Makeup Gift Set" will be:

Lipstick: 3304.10.0000, HTS, which provides for lip make-up preparations, at a duty rate of 2.9 percent ad valorem;

Eyeshadow: 3304.20.2000, HTS, which provides for eye make-up preparations, at a duty rate of 2.9 percent ad valorem;

Nail polish: 3304.30.3000, HTS, which provides for manicure or pedicure preparations, at a duty rate of be 2.9 percent ad valorem;

Powdered blush: 3304.91.0010, HTS, which provides for powders whether nor not compressed, rouges, at a duty rate of 2.9 percent ad valorem;

Press-on nails: 3926.40.0000, HTS, which provides for statuettes and other ornamental articles, at a duty rate of 5.3 percent ad valorem;

Finger/Toe Separator: 3924.90.5500, HTS, which provides for tableware, kitchenware, other household articles and toilet articles of plastic: other, at a duty rate of 3.4 percent ad valorem;

Nail Decals: 3919.90.5060, HTS, which provides for self-adhesive plates, sheets, films, tape, strip and other flat shapes...other, at a rate of duty will be 5.8 percent ad valorem;

Adhesive Tabs: 3506.10.5000, HTS, which provides for products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kilo, other, at a rate of duty will be 2.1 percent ad valorem;

Blush brush: 9603.30.2000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued not over 5 cents each, at a duty rate will be 4.1 percent ad valorem; or

9603.30.4000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued over 5 cents but not over 10 cents each, at a duty rate duty will be 0.2 cents each; or

9603.30.6000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued over 10 cents each, at a duty rate will be 1.9 percent ad valorem;

Sponge applicator : 9616.20.0000, HTS, which provides for powder puffs and pads for the application of cosmetics or toilet preparations, at a duty rate will be 6.8 percent ad valorem;

Cotton balls: 5601.22.0090, HTS, which provides for wadding; other articles of wadding: of man-made fibers, at a duty rate will be 11.3 percent ad valorem. Cotton balls, of man-made fibers fall within textile category designation 669. Based upon
international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa; or

5601.21.0090, HTS, which provides for wadding; other articles of wadding: of cotton, at a duty rate will be 6.5 percent ad valorem. Cotton balls of cotton fall within textile category designation 369. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Cosmetics are 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stephanie Joseph at 212-466-5768.

Sincerely,

Roger J. Silvestri
Director

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