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NY J80469




February 3, 2003

CLA-2-33:RR:NC:2:240 J80469

CATEGORY: CLASSIFICATION

TARIFF NO.: 3305.90.0000

Ms. Joann Mosqueda
4030 Phillips Highway
Jacksonville, Florida 32207

RE: The tariff classification of a Fluorescent Hair Spray from Spain

Dear Ms. Mosqueda:

In your letter dated January 22, 2003, you requested a tariff classification ruling.

A sample of the Fluorescent Hair Spray was submitted for review. It is an aerosol spray which, when applied to the hair, changes the color. The color can be removed by simply shampooing the hair. The spray is sold for retail sale in a 3.0 ounce can.

The applicable subheading for the Fluorescent Hair Spray will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations fort use on the hair: 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 U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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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