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NY K85084




May 5, 2004
CLA-2-33:RR:NC:2:240 K85084

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.20.0000; 3304.30.0000; 3307.30.5000; 3401.11.5000; 4202.92.4500

Ms. Diane M. Flowers
MGA Entertainment
16730 Schoenborn Street
North Hills. CA 91343-6122

RE: The tariff classification of Item # 282112 Bratz Holiday Beauty Bag and Item # 275206 Bratz Beauty Bag from Hong Kong

Dear Ms. Flowers:

In your letter dated April 7, 2004 you requested a tariff classification ruling on behalf of your client ABC International Traders Inc. Samples of the two bags were submitted for review with your inquiry, and are being returned as requested.

Item # 282112 Bratz Holiday Beauty Bag consists of a fur trimmed textile bag containing bubble bath, bath gel, and a heart shaped soap.

Item # 275206 Bratz Beauty Bag consists of a draw string toiletry bag filled with eye shadow, nail polish and lip-gloss. The drawstring toiletry bag is manufactured with an exterior surface of textile material and polyvinylchloride (PVC).

Although sold as sets, the above items are not classifiable as sets. The bags, which are separate articles of commerce and more than just packing containers, have a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading. In the case of the draw string toiletry bag, neither the textile fabric nor polyvinylchloride impart the essential character of the toiletry bag, therefore, pursuant to GRI 3(c), the toiletry bag will be classified in the heading that appears last in chapter 42.

Your inquiry does not provide enough information for us to give a classification ruling on the bath gel and textile bag. Your request for a classification ruling should include the complete chemical composition of the bath gel, stating whether the product contains any aromatic or modified aromatic surface-active agents. Provide the composition of the fur-trimmed bag specifying the outer surface material. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The samples submitted with your inquiry are not properly marked with the country of origin or the ingredient listing of the cosmetic items. Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone (202) 418 3412.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

The applicable subheading for the lip-gloss will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lip makeup preparations. The rate of duty will be free.

The applicable subheading for the eye shadow will be 3304.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Eye makeup preparations. The rate of duty will be free.

The applicable subheading for the nail polish will be 3304.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Manicure or pedicure preparations. The rate of duty will be free.

The applicable subheading for the bubble bath will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Perfumed bath salts and other bath preparations: Other. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the soap will be 340111.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Soap: For toilet use (including medicated products): Other. The rate of duty will be free.

The applicable subheading for the drawstring bag will be 4202.90.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

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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