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HQ 966210





February 24, 2003

CLA-2 RR:CR:GC 966210 DBS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9616.20.00

Ms. Stacey Weinberg
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt, LLP
245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: Correction of HQ 965443; sponge tip cosmetic applicators

Dear Ms. Weinberg:

This is a correction to a clerical error in Headquarters Ruling Letter (HQ) 965443, issued to you on behalf of your client, Markwins International, on June 19, 2002, concerning the classification of sponge tip cosmetic applicators under the Harmonized Tariff Schedule of the United States (HTSUS).

HQ 965443 contained a typographical error in the HOLDING section, which stated, “The foam eye shadow applicators are classifiable in subheading 9603.20.00, HTSUS, which provides for, ‘Scent sprayers and similar toilet sprayers, and mounts and head therefor; powder puffs and pads for the application of cosmetics or toilet preparations; powder puffs and pads for the application of cosmetics or toilet preparations.’” The description of the provision is for subheading 9616.20.00, HTSUS, which is the correct tariff classification of the product; however, the tariff number is incorrect.

The HOLDING should have stated that the applicators are classifiable in subheading 9616.20.00, HTSUS. This is consistent with the tariff number listed in the heading of the ruling letter, in the conclusion of the LAW AND ANALYSIS section, and in the description of the provision in the HOLDING. Hence, the holding of HQ 965443 is: “The foam eye shadow applicators are classifiable in subheading 9616.20.00, HTSUS, which provides for,” Scent sprayers and similar toilet sprayers, and mounts and head therefor; powder puffs and pads for the application of cosmetics or toilet preparations; powder puffs and pads for the application of cosmetics or toilet preparations.”

A copy of this 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 this ruling, contact Deborah Stern, of the General Classification Branch, at 202-572-8785.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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