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NY I89616





January 17, 2003

CLA-2-33:RR:NC:2:240 I89616

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Bisfred Yuen
Creative Kids International Inc.
Rm 408-409 Houston Centre
63 Mody Road
Tsimshatsui
Kowloon, Hong Kong

RE: The tariff classification of a Fold Up Make Up Case from Hong Kong

Dear Mr. Yuen:

In your letter dated December 20, 2002, you requested a tariff classification ruling.

A sample of the Fold Up Make Up Case, Article no. 19839, was submitted with inquiry and is being returned. The make up case, composed of plastic, has three fold out compartments containing lipstick, cream blush, eyeshadow, foam applicators and a blush brush. The case is designed to fold up into a compact for use by young girls ages five and up. The items, packaged for retail sale, are contained in a plastic holder blister packed on a cardboard backing. The Fold Up Make Up Case will be classified as a set. The essential character is imparted by the cosmetics.

The applicable subheading for the Fold Up Make Up Case will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty and make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure ore pedicure preparations: Other: Other: Other.. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 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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