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NY L86584




September 1, 2005

CLA-2-95:RR:NC:SP:225 L86584

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Ms. Cathy Bonadonna
Bed Bath & Beyond
650 Liberty Avenue
Union, NJ 07083

RE: The tariff classification of a Girl Crush Lip Gloss Maker from China.

Dear Ms. Bonadonna:

In your letter dated August 10, 2005, you requested a tariff classification ruling.

You submitted a sample of a Girl Crush Lip Gloss Maker identified as item number SKU 13825351, which is being returned upon your request.

The item consists of a gray and purple plastic hinged box that measures approximately 5-1/4” in height x 4-1/2” in width x 7” in length with a carrying handle on top. The box opens into three connected parts: a center piece that is comprised of a dispensing mechanism, and two “doors” with compartments that hold roll-on lip gloss bottles, lip gloss base bottles, scent bottles (strawberry, banana and chocolate), three colors (red, yellow and blue), glitter bottles, and recipe cards. The dispensing mechanism has a dispensing dial on top (a plastic piece with six holes capable of holding six bottles upside down) and a spinner directly below it, which allows a bottle to stand vertically. On the side of the dispensing mechanism is a lever that, when pressed down, causes the spinner to spin.

To operate, a child will place a lip gloss bottle containing lip gloss base vertically in the spinner directly underneath an upside down bottle of ingredient (scent, color or glitter) held in place by the dispensing dial. The child will then squeeze the number of drops of ingredient indicated on the recipe card into the lip gloss base and push down the dispensing mechanism lever, which causes the spinner to spin the lip gloss base and mix it with the added ingredient. By following this recipe card and an accompanying sheet of illustrated instructions, a child will be able to mix and make their own wearable lip gloss.

The Girl Crush Lip Gloss Maker is an educational toy set providing manipulative play for a girl six years of age and older while teaching her how to “design” her own lip gloss, and is packaged inside an illustrated cardboard box.

The applicable subheading for the Girl Crush Lip Gloss Maker identified as item number SKU 13825351 will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys, put up in sets or outfits, and parts and accessories thereof.” 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 regarding their requirements at the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835. Their telephone number is (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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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