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NY K88660




September 8, 2004

CLA-2-33:RR:NC:2:240 K88660

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Ms. Gladys Diaz
Raia International
One Industrial Plaza Bldg. #D
Valley Stream, NY 11581

RE: The tariff classification of Body Splash from China

Dear Ms. Diaz :

In your letter dated August 9, 2004 you requested a tariff classification ruling on behalf of your client Enchante Accessories Inc.

A sample of Ashley Stewart Coconut Lime Body Splash, style DO-322 was submitted for review with your inquiry, and is being returned as requested. The spray pump bottle contains a fragranced body splash marketed for use to moisturize, refresh and fragrance the skin.

The applicable subheading for the Body Splash will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other. The rate of duty will be free.

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 (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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