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NY L81425




December 22, 2004

CLA-2-33:RR:NC:2:240 L81425

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000 ; 9615.11.4000

Ms. Joann Mosqueda
Ja-Ru Inc.
4030 Phillips Highway
Jacksonville, Florida 32207

RE: The tariff classification of Fashion Bee Sparkle Set from China

Dear Ms. Mosqueda:

In your letter dated November 24, 2004 you requested a tariff classification ruling.

A sample of the Fashion Bee Sparkle Set was submitted for review. The Fashion Bee Sparkle Set consists of a blister package containing 4 flower hair clips, 2 containers of body glitter gel and 2 containers of body sparkle powder. The product is marketed for young girls.

The applicable subheading for the body glitter gel and body sparkle powder 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: Other: Other. The rate of duty will be free and will remain the same in 2005.

The applicable subheading for the flower hair clips will be 9615.11.4000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3 percent ad valorem and will remain the same in 2005

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.

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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