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NY G86280




January 22, 2001

CLA-2-49:RR:NC:SP:234 G86280

CATEGORY: CLASSIFICATION

TARIFF NO.: 4908.90.0000

Ms. Linda J. Pollackov
Secure Custom Brokers Inc.
167-39 147th Avenue
Jamaica, NY 11434

RE: The tariff classification of temporary tattoos from China.

Dear Ms. Pollackov:

In your letter dated January 10, 2001, you requested a tariff classification ruling on behalf of 4Kidz USA, Inc.

A sample identified as “Rub’n Wear Glitter Body Art Transfers” was submitted and will be retained for reference. It is a 5” x 9” sheet of clear acetate film that appears to have been printed (using a tacky, glittery, gold-colored preparation) with a series of designs. A sheet of release paper protects the printed side of the acetate. The user is instructed to remove the release paper, place the printed side of the acetate onto the skin, and rub with a fingernail tip. This will cause the design to be transferred onto the skin. The resulting temporary tattoo can subsequently be removed with adhesive tape, baby oil or petroleum jelly.

The applicable subheading for the above-described product will be 4908.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for transfers (decalcomanias), other than vitrifiable. The rate of duty will be 4.6 cents per kilogram.

This merchandise may be subject to the regulations of the U.S. Food and Drug Administration (FDA). 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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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