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NY H87345




February 12, 2002

CLA-2-33:RR:NC:2:240 H87345

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Juan Carlos Sarabia
19877 East Country Club Drive
Unite 3-103
Aventura, FL 33180

RE: The tariff classification of Skin Care Soft Gelatin Capsules from Mexico

Dear Mr. Sarabia:

In your letter dated January 28, 2002 you requested a tariff classification ruling.

A sample of the Skin Care Soft Gelatin Capsules was submitted for review. The product, marketed as a skin moisturizer and smoothing agent, consists of twist off gel caps containing dl alpha tocopherol acetate, procetyl and miglyol. The gel caps are produced in Mexico. The gel caps are sent to Columbia for retail packing.

The applicable subheading for the Skin Care Soft Gelatin Capsules 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 suntan preparations; manicure or pedicure preparations: Other. 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.

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 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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