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NY L83908




April 18, 2005

CLA-2-33:RR:NC:2:240 L83908

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, New Jersey 08520

RE: The tariff classification of Satin Smooth Depilatory Body Cream with Aloe Vera, Model# SSDBCRM, from Italy

Dear Ms. Ritchings:

In your letter dated March 7, 2005 you requested a tariff classification ruling. A sample was submitted for review with your ruling request.

The Satin Smooth Depilatory Body Cream with Aloe Vera is a depilatory. The item, packed for retail sale, contains a 3.5 oz. tube of body hair removal cream and a 0.10 oz. tube of aloe gel. The aloe gel is applied to the skin after the hair has been removed to cool and sooth the treated area. The sample is being returned as requested.

The applicable subheading for Satin Smooth Depilatory Body Cream with Aloe Vera will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.. The rate of duty will be 5.4 percent ad valorem.

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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