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NY K82064





January 8, 2004
CLA-2-33:RR:NC:2:240 K82064

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Randy Williams
Seasons U.S.A., Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of Cream Make-up and Artificial Blood from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. Four samples were submitted with you inquiry and are being returned as requested.

Item No. 10001 contains black cream make-up. Item No. 10002, contains white cream make-up. Item No. 10003 contains “glow in the dark” cream make-up and Item No. 10004 contains artificial blood. The items, packed for retail sale in 1 oz. plastic tubes, can be used to create facial designs for Halloween.

The applicable subheading for the cream make-up and the artificial blood will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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: Other: Other: Other. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is 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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