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NY G85120




December 12, 2000

CLA-2-71:RR:NC:SP:233 G85120

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000; 9615.90.6000; 9615.90.3000; 3304.30.0000; 3304.99.5000; 3303.00.2000; 3305.90.0000

Mr. Kevin Egan
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of necklaces, rings, bobby pins, hair pins, nail polish, body glitter, hair gel and roll-on scent from China.

Dear Mr. Egan:

In your letter dated December 1, 2000, on behalf of Small Miracles, Inc., you requested a tariff classification ruling.

The submitted samples are as follows:

Item SM 4 consists of one a silver colored base metal necklace, a silver colored base metal adjustable ring and a bottle of peel-off nail polish, packed in a plastic box.

Item SM5 consists of one pair of silver colored metal bobby pins and a bottle of roll-on body glitter, packed in a plastic box.

Item SM17 consists of a silver colored base metal necklace, a silver colored base metal adjustable ring and a bottle of roll-on scent, packed in a plastic box.

Item SM9 consists of one pair of silver colored metal hair pins and a tube of glitter hair gel, packed in a plastic box.

Your samples are being returned as requested.

The above-described items are not considered sets. The imitation jewelry, the hair ornaments and the cosmetics do not meet a particular need or carry out a specific activity. Each item will be classified separately in its own appropriate heading.

The applicable subheading for the base metal necklaces and rings in Items SM4 and SM17 will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: of base metal, whether or not plated with precious metal: other: other: other. The rate of duty will be 11% ad valorem.

The applicable subheading for the metal bobby pins in Item SM5 will be 9615.90.6000, HTS, which provides for combs, hair-slides and the likeother. The rate of duty will be 11% ad valorem.

The applicable subheading for the metal hair pins in Item SM9 will be 9615.90.3000, HTS, which provides for combs, hair-slides and the like other: hair pins. The rate of duty will be 5.1% ad valorem.

The applicable subheading for the nail polish will be 3304.30.0000, 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 body glitter will be 3304.99.5000, 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 rate of duty will be free.

The applicable subheading for the roll-on scent will be 3303.00.2000, HTS, which provides for perfumes and toilet waters: not containing alcohol: other. The rate of duty will be free.

The applicable subheading for the glitter hair gel will be 3305.90.0000, HTS, which provides for preparations for use on the hair: other. The rate of duty will be free.

The aforementioned rates of duty will remain unchanged in 2001.

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 Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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