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NY J83159




April 30, 2003

CLA-2-90:RR:NC:MM:114 J83159

CATEGORY: CLASSIFICATION

TARIFF NO.: 9001.30.0000

Mr. B. Tanda
Fashionwear Services
Four Eyez Warehouse
Beechings Way
Alford, Lincolnshire
LN13 9JE
England, UK

RE: The tariff classification of fashion lenses from England

Dear Mr. Tanda:

In your letter dated April 2, 2003 you requested a tariff classification ruling on fashion lenses.

The Four Eyez fashion lenses are decorative soft contact lenses. The lenses are plano lenses. They are colored and patterned and are used to change the appearance of the wearer’s eyes. Various colors such as aqua, violet and green, and various patterns such as star, cat eyes, spirals and swirls, are available. The lenses are sold in a blister package that includes the decorative lenses in glass vials, a lens case, a bottle of cleaning solution, and instructions. The instruction booklet gives information on how to insert the lenses in the eye, how to clean, rinse, disinfect and store the lenses, and lists precautions and warnings. The packaging indicates that the lenses will last for 30 days after the vials containing the lenses are opened. The decorative lenses will be sold in retail stores such as Spencer Gifts, Inc.

You state in your letter that you believe the Four Eyez fashion lenses are cosmetics. The decorative contact lenses are not classified as cosmetics. Heading 3304, Harmonized Tariff Schedule of the United States, provides for products used in the care and maintenance of the skin. The Encyclopedia Britannica defines the word cosmetic as “any of several preparations (excluding soap) that are applied to the human body for beautifying, preserving, or altering the appearance or for cleansing, coloring, conditioning, or protecting the skin, hair, nails, lips, eyes, or teeth.” Decorative contact lenses are not classified as cosmetics in the Harmonized Tariff Schedule of the United States.

The decorative lenses, the lens case and the cleaning solution are packaged together for retail sale and are considered a set for tariff classification purposes. The essential character of the set is imparted by the decorative contact lenses.

The applicable subheading for the decorative contact lenses, packaged with the lens case and the cleaning solution will be 9001.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for contact lenses. The rate of duty will be 2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The decorative contact lenses are subject to the requirements of the U.S. Food and Drug Administration.

Contact lens cleaning solutions are subject to the requirements of the U.S. Food and Drug Administration. For further information, you may write to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835. The telephone number for the Food and Drug Administration is (202) 418-3412.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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