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NY C88286




June 12, 1998

CLA-2-:33:RR:NC:2:240 C88286

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Louis S. Shoichet
Siegel. Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, NY 10036-7900

RE: The tariff classification of "Anew Swirly Moisturizing Lotion" PP 1755288 from Germany

Dear Mr. Shoichet:

In your letter dated May 26,. 1998 you requested a tariff classification ruling on behalf of your client Avon Products, Inc.

A sample of "Anew Swirly Moisturizing Lotion" PP 175288 was submitted with your inquiry, and is being returned as requested. The product, packaged in a clear retail pump bottle, is a gel for use as a moisturizer.

The applicable subheading for the "Anew Swirly Moisturizing Lotion" PP 175288 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.

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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