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NY K82074




January 21, 2004
CLA-2-33:RR:NC:2:240 k82074

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 a Complete Make-up Kit Take Along from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. A sample was submitted for review with your ruling request.

The Complete Make-up Kit Take Along, Item no. 10058, consists of a flimsy plastic make up kit designed to fold up into a compact. The compact has three compartments containing three mini tubes of lipstick, five shades of grease make-up, three sponge applicators and a mirror. The kit can be used to create facial designs for Halloween. The kit, packaged for retail sale, is contained in a plastic holder blister packed on a cardboard backing. For tariff classification purposes, the Complete Make-up Kit is a set with the essential character imparted by the grease make-up. The sample is being returned as requested.

The applicable subheading for the Complete Make-up Kit Take Along 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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