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NY I85303




August 19, 2002

CLA-2-96:RR:NC:SP:233 I85303

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.30.6000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a cosmetic brush set from China.

Dear Ms. Wierbicki:

In your letter dated August 13, 2002, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The submitted sample, “In the Garden Brush Set” - #PP1012356, is a brush set consisting of a powder brush, an eye shadow brush, a lip brush, and a lash/brow comb/brush, put up for retail sale in a matching plastic container designed to hold the brushes. Each of the brushes has a handle made of a translucent fuchsia colored plastic to match the tapered plastic container. Each brush measures no more than 4½” in length with handles ¼” in width by 3/8” in depth and is designed to fit into a closed container, which measures approximately 5” in height and features a maximum 1½” in width by 1” in depth. The container is fitted with a sponge foam insert at the top and incorporates a specially sized hole matching the size of each of the brushes for storage. The brush collection will be packaged, imported, marketed and sold together as a set with the matching plastic container, which is specifically sized to accommodate the collection. The essential character of the set is imparted by the cosmetic brushes.

Your sample is being retained for official purposes.

The applicable subheading for the “In the Garden Brush Set” will be 9603.30.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for brushes for the application of cosmetics: valued over 10 cents each. The rate of duty will be free.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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