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NY C84102




March 4, 1998

CLA-2-33:RR:NC:2:240 C84102

CATEGORY: CLASSIFICATION

TARIFF NO.:3004.90.9045; 3304.99.5000

Ms. Rebecca J. Vincent
The I.C.E. Co., Inc.
9111 S. La Cienega Blvd., Suite 203
Inglewood, CA 90301

RE: The tariff classification of Tarika Ayruvedic Face Wash, Tarika Ayruvedic Daily Facial and Tarika Ayruvedic Pimple Remover from India

Dear Ms. Vincent:

In your letter dated February 5, 1997, on behalf of your client Sarada Ayurvedic Remedies, you requested a tariff classification ruling.

Three facial products were submitted with your inquiry and are being returned. The Tarika Ayruvedic Face Wash and Daily Facial, packaged for retail sale, each consists of a formulated mixture of herbs and minerals used to soothe, cleanse and refresh the skin.

The submitted sample, Tarika Ayruvedic Pimple Remover, consists of a sealed, plastic packet, affixed to paper retail packaging material, containing a brown-colored powder. The powder is stated to consist of a formulated mixture of herbs and minerals, and is indicated for use as an Ayurvedic remedy in the treatment of "pimples, acnes, blackheads and other scars."

The applicable subheading for the Tarika Ayruvedic Face Wash and Daily Facial will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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: Other: Other: Other.......... The rate of duty will be 1 percent ad valorem.

The applicable subheading for the Tarika Ayruvedic Pimple Remover will be 3004.90.9045, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other..........Other: Dermatological agents and local anesthetics.......... The rate of duty will be free.

These products 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,

Robert B. Swierupski
Director,

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