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NY D80497


July 28, 1998

CLA-2-33:RR:NC:2:240 D80497

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.99.1000

Ms. Judylynn Collard

DSV USA

150-10 132nd Avenue

Jamaica, N.Y. 11434

RE:: The tariff classification of Petroleum Jelly from Columbia

Dear Ms. Collard:

In your letter dated July 17, 1998, on behalf of your client The Baxter Group, you requested a tariff classification ruling.

Two samples of Petroleum Jelly were submitted with your inquiry. The samples, packaged for retail sale, contain scented and unscented petroleum jelly.

The applicable subheading for Petroleum Jelly will be 3304.99.0000, 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: Petroleum jelly put up for retail sale..... The rate of duty will be free.

The samples submitted were not properly marked. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

This product may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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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