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March 30, 1999

CLA-2-33:RR:NC:2:240 D89254

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 4202.32.1000
Mr. Kevin Maher
C-Air CHB
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of Glamour Gear “Lips On the Go!” from Taiwan

Dear Mr. Maher:

In your letter dated March 10, 1999 you requested a tariff classification ruling on behalf of your client Roseart Industries.

A sample of style # 5173-24 Glamour Gear “Lips on the Go!” was submitted with your inquiry, and is being returned as requested. A small vinyl zippered bag is filled with three lipsticks and a container of lip-gloss. The articles are blister packaged, and sold at retail. The products are marketed for young girls.

The Glamour Gear “Lips on the Go!” does not contain items which are put up together to meet a particular need or carry out a specific activity. For Customs purposes, the goods do not comprise a set, therefore, each article will be separately.

The applicable HTS subheading for the lipsticks and lip-gloss will be 3304.10.0000, 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: Lip make-up preparations... The duty rate will be free.

The applicable HTS subheading for the vinyl bag will be 4202.32.1000, Harmonized Tariff Schedule of United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, of reinforced, of laminated plastics. The rate of duty will be 12.1 cents per kilo plus 4.6 percent ad valorem

Cosmetics are subject to the regulations and requirements of the Food and Drug Administration (FDA). Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 5600 Fishers Lane, Rockville Lane, Rockville, Maryland 20857. The telephone number is (301) 443-3370.

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 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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