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NY K82066




January 8, 2004
CLA-2-33:RR:NC:2:240 K82066

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 a Skull Make-up Kit, Sorceress Make-up Kit and Clown Make-up Kit from China

Dear Mr. Williams:

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

The Skull Make-up Kit, Item No. 10054, and the Sorceress Make-up Kit, Item 10084, contain red, gray and black make-up sticks and a small plastic pan containing white grease make-up. The Clown Make-up Kit, Item No. 10085, contains red, blue and black make-up sticks and a small plastic pan containing white grease make-up. The items, packed for retail sale, can be used to create facial designs for Halloween. Also included were pictures of various make-up kits all containing the same items.

The applicable subheading for the Skull, Sorceress, and Clown Make-up Kits 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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