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March 26, 1999

CLA-2-33:RR:NC:2:240 D89599

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.30.0000; 3304.99.5000; 3926.40.0000

Mr. Kevin Maher
C-Air CHB
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of Glamour Gear “Glitter Magic Fun Set” from Taiwan

Dear Mr. Maher:

In your letter dated March 19, 1999 you requested a tariff classification ruling on behalf of your client Roseart Industries.

A sample of style # 5140-48 Glamour Gear “Glitter Magic Fun Set” was submitted with your inquiry, and is being returned as requested. The retail package consists of a bottle of roll-on body glitter, a bottle of nail polish, a ring, and puffy plastic stickers in various shapes. The product is marketed for young girls.

The Glamour Gear “Glitter Magic Fun Set” 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 classified.

The applicable subheading for the nail polish will be 3304.30.0000, 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: Manicure or pedicure preparations. The rate of duty will be free.

The applicable subheading for the roll-on body glitter 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. The rate of duty will be free.

The applicable subheading for the puffy plastic stickers will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of plastics and articles of other: materials of headings 3901 to 3914: Statuettes and other ornamental articles. The rate of duty will be 5.3%.

The applicable subheading for the plastic rings will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitations jewelry: Other: Other: Valued not over 20 cents per dozen pieces or parts: Other. The rate of duty will be 7.2 percent ad valorem. If valued over 20 cents per dozen the applicable subheading will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitations jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other. The rate of duty will be free.

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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