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NY K82073





January 21, 2004
CLA-2-33:RR:NC:2:240 K82073

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 Family Make-up Kit and Glow in Dark Family Make-up Kit from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. Two samples were submitted for review with your ruling request.

The Family Make-up Kit, Item no. 10110-083, contains three shades of mini make-up sticks, a bottle of black nail polish, a small tube of white cream make-up, one plastic pan containing four shades of grease make-up, two triangular shaped sponge applicators and an instruction booklet. The Glow in Dark Family Make-up Kit, Item no. 10109-083, contains three shades of mini make-up sticks, a bottle of “glow in the dark” nail polish, a small tube of “glow in the dark” cream make-up, one plastic pan containing four shades of grease make-up, two triangular shaped sponge applicators and an instruction booklet. The kits can be used to create facial designs for Halloween. The items, packaged for retail sale, are blister packed on a cardboard backing. For tariff classification purposes, the Family Make-up Kit and the Glow in dark Family Make-up Kit are sets with the essential character imparted by the theatrical make-up. The samples are being returned as requested.

The applicable subheading for the Family Make-up Kit and the Glow in Dark Family Kit 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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