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NY R01503




March 8, 2005

CLA-2-33:RR:NC:2:240 R01503

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000

Mr. Andrew Parmakellis
Sue Ismiel & Daughters Group
Lakeside Corporate Centre Suite 402
29-31 Solent Circuit, Baulkham Hills,
Sidney, NSW
Australia 2153

RE: The tariff classification of Nad’s Natural Hair Removal Gel from Australia

Dear Mr. Parmakellis:

In your letter dated February 18, 2005 you requested a tariff classification ruling.

The subject product, Nad’s Natural Hair Removal Gel, is a depilatory manufactured in Australia. The gel is applied to the skin for the removal of hair on the legs, arms, underarms, bikini line and facial area.

The applicable subheading for Nad’s Natural Hair Removal Gel 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.

Articles classifiable under subheading 3307.90.000, HTS, which are products of Australia, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. . The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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