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NY M80283




February 9, 2006

CLA-2-33:RR:NC:2:240 M80283

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.20.0000; 3304.91.0010; 4202.92.3031; 9603.30.20000; 9603.30.4000; 9603.30.6000; 9616.20.0000

Ms. Jessica Quinn
Paris Presents Incorporated
3800 Swanson Court
P.O. Box 9000
Gurnee, Illinois 60031-9000

RE: The tariff classification of a dual sided travel bag filled with make-up, item # 05-1295 from China

Dear Ms. Quinn:

In your letter dated February 6, 2006, you requested a tariff classification ruling on a dual sided travel bag filled with make-up. A sample was submitted with your inquiry and will be returned as requested.

The exterior surface of the dual sided travel bag is composed of 100 percent polyester with a 3 inch PVC bronze trim on the bottom of both sides of the bag. Two clear PVC zippered pockets with two snap closures form the interior of the bag. Each zippered pocket contains a removable plastic insert fitted with make-up. The inserts contain two pans of powdered blush, six pans of powdered eye shadow, four lip-gloss tubs, two lipstick tubes, an eye make-up sponge applicator/brush, and four cosmetic brushes. The bag functions as a container for the products, but it can also be used for other purposes. The dual sided travel bag filled with make-up is not a set for tariff purpose. The travel bag possesses the useful functions of storage, protection, and portability for the sundry items and does not share a nexus with the cosmetic preparations. Each item will be classified separately. The submitted sample does not have a country of origin label; you state that the product will be properly marked prior to importation to the United States.

The applicable subheading for the lip-gloss and lipstick will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Lip make-up preparations. The rate of duty will be free.

The applicable subheading for the eye shadow will be 3304.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Eye make-up preparations. The rate of duty will be free.

The applicable subheading for the powdered blush will be 3304.91.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Powders, whether or not compresses: Rouges. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which are 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 (301) 436-1130.

The applicable subheading for the dual sided travel bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem.

The dual sided travel bag falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions, and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The applicable subheading for the make-up brushes will be 9603.30, HTSUS, which provides for Artists’ brushes, writing brushes and similar brushes for the application of cosmetics. If valued not over 5¢ each, the brushes are classified in subheading 9603.30.2000, HTSUS. The rate of duty will be 2.6% ad valorem. If valued over 5¢ but not over 10¢ each, the brushes are classified in subheading 9603.30.4000, HTSUS. The rate of duty will be free. If valued over 10¢ each, the brushes are classified in 9603.30.6000, HTSUS. The rate of duty will be free.

The applicable subheading for the eye shadow sponge applicator/brush will be 9616.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Powder puffs and pads for the application of cosmetics or toilet preparations. The rate of duty will be 4.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts

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 at Joseph 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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