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NY I88769





December 12, 2002

CLA-2-33:RR:NC:2:240 I88769

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 4202.32.2000

Ms. Shirley Price
Funrise Toy Corporation
6115 Variel Avenue
Woodland Hills, CA 91367

RE: The tariff classification of a Play N Pretty Beauty Lip Set from Hong Kong

Dear Ms. Price:

In your letter dated November 1, 2002, you requested a tariff classification ruling.

A sample of the Play N Pretty Beauty Lip Set, Item Number 21817, was submitted with your inquiry and is being returned. The set consists of three tubes of lipstick, three interlocking plastic containers of lipgloss and a pouch. The pouch, measuring 3 inches in diameter, is of a kind similar to a coin purse. It is composed of polyvinyl chloride (PVC) with a zipper closure. The items are blister packed for retail sale as a set. For tariff classification purposes, the Play N Pretty Beauty Lip Set does not comprise a set and each component will be classified separately under its appropriate heading.

The applicable subheading for lipgloss and lipstick will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Lip make-up preparations.. The rate of duty will be free. The duty rate for 2003 will remain the same.

The applicable subheading for the PVC pouch will be 4202.32.2000, HTS, which provides for Articles of a kind normally carried in the pocket or in the handbag: With outer surface of sheeting of plastic or of textile materials: With outer surface of sheeting of plastic: Other.. The rate of duty will be 20% ad valorem. The duty rate for 2003 will remain the same.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug 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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