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NY I80791

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May 22, 2002

CLA-2-33:RR:NC:2:240 I80791

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.30.0000; 3506.10.5000; 3920.62.0000; 4202.12.2050; 4417.00.8090; 4911.91.4040; 7117.90.5500; 7117.90.7500

Ms. Bernadette Purcell
Import Compliance
QVC Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of various Nail Polish Collections from China and the United Kingdom

Dear Ms. Purcell:

In your letter dated April 22, 2002 you requested a tariff classification ruling. Three samples were submitted with your inquiry. As per our telephone discussions, this office is retaining the samples.

QVC Item Number A7384 Special FX 3pc “Fickles” Nail Color Collection consists of a zippered PVC cosmetic purse and three small nail polishes.

QVC Item Number A7398 Special FX 8pc “The Chocolate Box” consists of a zippered PVC cosmetic purse, gold foil, Florentine foil, Chocolate Truffle foil, two nail polishes, sealer, adhesive, a pot of Honeycomb nail gemstones, and a nail stick. The gold foil is a polyethylene terephthalate polyester film with vacuum deposited aluminum particles.

QVC Item Number A72539 Special FX Nail Art 6 Piece Floral Foil Kit consists of a zippered PVC cosmetic purse, four Floral foils, adhesive and sealer.

The cosmetic purse, used to hold cosmetics and various personal items, is a generic cosmetic bag capable of containing both the articles with which it is entered and additional items. The kits are not considered sets for tariff purposes, therefore, each item will be separately classified.

The applicable subheading for the nail polish and sealer will be 3304.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Manicure or pedicure preparations. The rate of duty will be free.

The applicable subheading for the adhesive will be 3506.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg. The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the zippered pouch will be 4202.12.2050 Harmonized Tariff Schedule of the United States (HTS), which provides for Trunks, suitcases, vanity cases and similar containers, with outer surface of plastics, other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the gold foil will be 3920.62.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: Of polyethylene terephthalate. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the floral foil will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other (than certain enumerated) printed pictures, designs and photographs. The rate of duty will be 0.6 percent ad valorem.

The applicable subheading for the nail gemstones will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Other: Valued not over 20 cents per dozen pieces or parts: Other. The rate of duty will be 7.2 percent ad valorem. If valued over 20 cents per dozen the applicable subheading will be 7117.90.7500, Harmonized tariff Schedule of the United States (HTS), which provided for Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics. The rate of duty will be free

The applicable subheading for the nail stick will be 4417.00.8090 Harmonized Tariff Schedule of the United States (HTS), which provides for Other tools of wood. The rate of duty will be 5.1 percent ad valorem.

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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See also:

• Tariff No.: 3304.30.00 - Manicure or pedicure preparations
• Tariff No.: 3506.10.50 - Products suitable for use as glues or adhesives, nesoi, not exceeding 1 kg, put up for retail sale
• Tariff No.: 3920.62.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polyethylene terephthalate
• Tariff No.: 4202.12.20 - Trunks, suitcases, vanity and attache cases, occupational luggage and similar containers, with outer surface of plastics
• Tariff No.: 4417.00.80 - Wooden tools, tool bodies, tool handles, broom or brush bodies and handles nesi; wooden boot or shoe lasts and trees
• Tariff No.: 4911.91.40 - Pictures, designs and photographs, excluding lithographs on paper or paperboard, printed not over 20 years at time of importation
• Tariff No.: 7117.90.55 - Imitation jewelry nesoi, not of base metal, n/o 20 cents/doz. pcs or pts
• Tariff No.: 7117.90.75 - Imitation jewelry of plastics, nesoi, over 20 cents/dozen pcs or pts