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NY G81658




October 2, 2000

CLA-2-29:RR:NC:2:240 G81658

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.99.5000
Mr. Robert J. Leo
Meeks & Sheppard
330 Madison Avenue 39th Floor
New York, New York 10017

RE: The tariff classification of “RoC” Hydra+Effet Reservoir™ Long Lasting Moisturizer, RoC” Hydra+Effet Reservoir™ 24-Hour Moisturizer with SPF 15 and “RoC” Chronoblock™ Active Prevention Daily Moisturizing Cream with SPF 15 from France

Dear Mr. Leo:

In your letter dated September 7, 2000, on behalf of your client Johnson & Johnson Consumer Products Company, you requested a tariff classification ruling.

Your inquiry concerns the classification of three skin care products. “RoC” Hydra+Effet Reservoir™ Long Lasting Moisturizer is a moisturizing facial cream. RoC” Hydra+Effet Reservoir™ 24-Hour Moisturizer with SPF 15 is a moisturizing facial cream with sunscreen. Product contains Vitamin E and claims to provide protection from the UV rays. “RoC” Chronoblock™ Active Prevention Daily Moisturizing Cream with SPF 15 is a moisturizing facial cream with sunscreen. It is claimed to prevent aging associated with sun exposure. All of the above products are packaged for retail sale.

The applicable subheading for the skin care products 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. The rate of duty will be free.

Perfumery, 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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