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NY C86897




May 27, 1998

CLA-2-33:RR:NC:2:240 C86897

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Rodney Ralston
Trans-Border Customs Service, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of several skin care items for the feet and legs from Canada

Dear Mr. Ralston:

In your letter dated May 8, 1998 you requested a tariff classification ruling on behalf of your client Knowlton Cosmetic International.

Samples of the four skin care items were submitted with your inquiry and are being returned as requested. The Caribbean Lime Liquid Powder Talc, imported in a retail spray plastic bottle, is a lotion used on the body. The Tea Tree and Mint Foot and Leg Lotion, imported in a retail tube, is a a moisturizer for the feet and legs. The Tea Tree and Mint Foot and Leg Cooling Gel, imported in a retail tube, is a cooling moisturizer for the feet and legs. The Tea Tree and Mint Foot Pumice Scrub, imported in a retail tube, is used to scrub and moisturize the feet.

The applicable subheading for the Caribbean Lime Liquid Powder Talc, Tea Tree and Mint Foot and Leg Lotion, Tea Tree and Mint Foot and Leg Cooling Gel and Tea Tree and Mint Foot Pumice Scrub 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. The rate of duty will be 1 percent ad valorem

Cosmetic and toiletry 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 (301) 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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