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NY C86074




April 29, 1998

CLA-2-29:RR:NC:2:240 C86074

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.99.5000

Mr. Louis S. Shoichet
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE:: The tariff classification of "Clearskin Pore Patch" from Japan

Dear Mr. Shoichet:

In your letter dated March 16, 1998, on behalf of your client Avon Products, Inc., you requested a tariff classification ruling.

A sample of the "Clearskin Pore Patch" was submitted with your inquiry and is being retained for our files. The patch consists of a backing, an adhesive layer and a release liner. The backing is composed of a non-woven polyester cloth. The release liner consists of a silicon coated polyester film. The adhesive layer, when applied to to nose, will remove blackheads and unclog pores. As stated in your letter, the product will be marketed as a skin cleansing preparation which does not have primary therapeutic or prophyhlactic properties.

The applicable subheading for "Clearskin Pore Patch" will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for beauty or make-up 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.

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,

Robert B. Swierupski
Director,

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