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NY F89262





July 12, 2000

CLA-2-33:RR:NC:2:240 F89262

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3305.90.0000

Ms. Joanne Balice
CBI Distributing Corp.
Claire’s Accessories
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of After Thoughts Attitudes “Hipsticks” Glitter Face and Body Pencil, “This and That” Hair Mascara and After Thoughts Attitudes Shimmer Body Powder from Taiwan

Dear Ms. Balice:

In your letter dated June 29, 2000 you requested a tariff classification ruling.

Samples of After Thoughts Attitudes “Hipsticks” Glitter Face and Body Pencil, “This and That” Hair Mascara and After Thoughts Attitudes Shimmer Body Powder were submitted with your inquiry. The After Thoughts Attitudes “Hipsticks” Glitter Face and Body Pencil is an automatic glitter, colored pencil applied to the face and body. The This and That” Hair Mascara is packaged in a retail plastic tube with a brush applicator. The product accents the hair with color and glitter. The After Thoughts Attitudes Shimmer Body Powder is packaged in a retail plastic jar with an applicator top. The product is applied on the body for shimmer effects.

The applicable subheading for the After Thoughts Attitudes “Hipsticks” Glitter Face and Body Pencil and the After Thoughts Attitudes Shimmer Body Powder 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. The rate of duty will be free.

The applicable subheading for the This and That” Hair Mascara will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for use on the hair: Other. The rate of duty will be free.

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 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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