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NY F82194




February 2, 2000

CLA-2-33:RR:NC:2:240 F82194

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of “Perfect Line Makeup Pencils” from China

Dear Mr. August:

In your letter dated January 12, 2000, you requested a tariff classification ruling.

A sample of the “Perfect Line Makeup Pencils”, Item # 9561, was submitted with your inquiry. The item consists of four colored makeup pencils blister packed for retail sale. The pencils are applied to the face and intended for use in dressing up on Halloween.

The applicable subheading for the “Perfect Line Makeup Pencils” 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 duty rate will be free.

Cosmetic and toiletry products are 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 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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