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NY K89492




October 7, 2004

CLA-2-33:RR:NC:2:240 K89492

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 3401.30.5000

Mr. Kenneth M. Carmon
Bay Brokerage, Inc.
44951 County Route 191 Suite 201
Wellesley Island, NY 13640

RE: The tariff classification of Alyria Skin Optimizing System skin care products from Canada

Dear Mr. Carmon:

In your letter dated August 31, 2004 you requested a tariff classification ruling on behalf of your client Canderm Pharma Inc. Your inquiry concerns the classification of various skin care products sold at retail.

Five samples from the Alyria Skin Optimizing System product line were submitted with your inquiry for review. The samples included a 3.4 fl. oz. bottle of Clarifying Astringent, 4 oz. tube of Oil Free Clarifying Cleanser, 1.05 oz. tube of Retinol Night Complex Level 2, 1.75 oz. jar of Exfoliating Cream Level 1 and a 1.75 oz. jar of Exfoliating Cream Level 2. The samples will not be returned.

The Clarifying Astringent, identified as product code 0-5145, contains glycolic acid and denatured alcohol. The astringent is used to enhance exfoliation and cleanse clogged pores without drying the skin. The Oil Free Clarifying Cleanser, identified as product code 0-5181, is a facial cleanser containing glycolic acid and a nonaromatic surface-active agent. The cleanser helps remove oil and impurities from the skin. The Retinol Night Complex Level 2, product code 0-5047, contains Vitamins A (RETINOL), C and E. The product is used to revitalize aging skin and reduce the appearance of fine lines and wrinkles. The Exfoliating Cream Level 1, identified as product code 0-5100 and the Exfoliating Cream Level 2, identified as product code 0-5170, both contain glycolic acid. The products are exfoliating creams used to remove dead cells on the surface of the skin.

The applicable subheading for the Clarifying Astringent, Retinol Night Complex Level 2, Exfoliating Cream Level 1 and Exfoliating Cream Level 2 skin care products 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.

The applicable subheading for the Oil Free Clarifying Cleanser will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: 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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