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NY L85703




June 22, 2005

CLA-2-70:RR:NC:1:126 L85703

CATEGORY: CLASSIFICATION

TARIFF NO.: 7009.92.1000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a lighted mirror from China

Dear Ms. Aldinger:

In your letter dated June 9, 2005, you requested a tariff classification ruling. A representative sample was submitted with your ruling and will be returned to you as requested.

The submitted sample, designated in your letter as “Ladybug Beauty Magic Light up Mirror” – item number 941046, is a decorative light up glass mirror framed in a three-dimensional plastic lady bug figurine. Three lipsticks (orange, pink and purple) are inserted into the three compartments on the base of the ladybug. The ladybug figurine measures approximately eight inches in height. The body of the ladybug opens up to a round glass mirror. The reflecting surface area of the mirror measures approximately 3 ½ inches in diameter. The item is battery operated.

The essential character of this article is imparted by the glass mirror.

The applicable subheading for the framed glass mirror with three lipsticks will be 7009.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors, whether or not framed: framed: not over 929 cm² in reflecting area. The rate of duty will be 7.8 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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