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NY A86200




Sept 5 1996

CLA-2-33:RR:NC:FC:240 A86200

CATEGORY: CLASSIFICATION

TARIFF NO.: 3301.90.5000; 3304.91.0050; 3304.99.5000; 3307.30.5000

Mr. David Moll
Livingston International Inc.
360 Delaware Avenue
Buffalo, New York 14202-1610

RE: The tariff classification of Alexandria Body Sugaring Skin Care Products from Canada

Dear Mr. Moll:

In your letter dated August 1, 1996 you requested a tariff classification ruling on behalf of your client Alexandria Body Sugaring of NY, Inc..

Samples of the skin care products were submitted with your inquiry. The Alexandria Body Sugaring Skin Care Products are used in salons for the care of the skin before and after hair removal.

A-2 Skin Freshener, sold in 16 ounce bottles, contains distilled witch hazel. The product is used as a post epilation splash to cool and refresh the skin. C-BAC Anti-Bacterial Tonic is used as a post epilation treatment in the care of the skin. VERTAL-6-Drying Powder, sold in 16 ounce bottles, is a powder used on the skin. RESTORE Body Lotion, sold in 17.5 ounce jars, is used for the care of the skin. PRESEPT Skin Cleanser, sold in 16 ounce bottles, is used to cleanse the skin.

The applicable subheading for the A-2 Skin Freshener will be 3301.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provided for aqueous distillate and aqueous solutions of essential oils. The rate will be duty free.

The applicable subheading for the VERTAL-6- Drying Powder will be 3304.91.0050, harmonized Tariff schedule foot eh United States (HTS), which provides for powders, whether or not compressed. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the RESTORE Body Lotion will be 3304.99.5000 Harmonized Tariff Schedule of the United States (HTS), which provides for beauty or make-up preparations and preparations f ro the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for PRESEPT Skin Cleanser will be 3307.30.5000 Harmonized Tariff Schedule of the United States (HTS), which provides for perfumed bath salts and other bath preparations. The rate of duty will be 4.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on C-BAC Anti-Bacterial Tonic. Your request for a classification ruling should include the complete chemical composition of the tonic. The information supplied indicates 20 percent isopropanol, however, it does not specify the composition of the remaining 80 percent.

There are no quota or visa restrictions, however, these products are subject to the regulations of the Food and Drug Administration. You may contact the FDA 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,


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