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NY K84549




April 1, 2004
CLA-2-33:RR:NC:2:240 K84549

CATEGORY: CLASSIFICATION

TARIFF NO.: 3305.90.0000

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

RE: The tariff classification of “Disguise Kit” Pump Hair Spray from China

Dear Mr. Williams:

In your letter dated March 24, 2004 you requested a tariff classification ruling. A sample was submitted for review with your ruling request and will be disposed.

The “Disguise Kit” Pump Hair Spray, Style no. 10074, is a pump spray that, when applied to the hair, changes the color. The color can be removed by simply shampooing the hair. The item is packed for retail sale in a 0.57 ounce pump spray bottle.

The applicable subheading for the pump hair color spray will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations for use on the hair: 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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