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NY A85105





July 16, 1996

CLA-2-33:RR:NC:FC:240 A85105

CATEGORY: CLASSIFICATION

TARIFF NO.: 3305.90.0000

Ms. Mary Jo Muoio
Barthco International, Inc.
Hemisphere Center, Suite 300
Routes 1 & 9 South
Newark, New Jersey 07114

RE: The tariff classification of Pola Simfree Hair Color from Japan

Dear Ms. Muoio:

In your letter dated June 24, 1996, you requested a tariff classification ruling on behalf of your client Pola U.S.A. Inc.

A sample of Pola Simfree Hair Color was submitted with your inquiry is being returned as requested. The Pola Simfree Hair Color consists of two hair color creams, an applicator comb, mixing tray, plastic gloves and instructions.

The Pola Simfree Hair Color is considered a set, for retail sale, based on GRI 3(b) with the essential character imparted by the hair color. The applicable subheading for the Pola Simfree Hair Color will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations for use on the hair: other. The rate of duty will be 2.9 percent ad valorem.

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 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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