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NY N010096




April 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3305.90.0000

Mr. Ian H. Weintraub
Powerhouse Customs Brokerage
179-30 149th Avenue – Suite 100
Jamaica, New York 11434

RE: The tariff classification of "Comb in Color" from China

Dear Mr. Weintraub:

In your letter dated April 20, 2007 you requested a tariff classification ruling on behalf of your client Buy Rite Design Inc. Pictures of the item were submitted with your ruling request for review.

The item described as "Comb in Color", is a hair color preparation. It consists of 4 color packets and a comb applicator. Based on the packaging material, the temporary hair color is non-toxic and washes out easily. The "Comb in Color", packaged for retail sale, is a set designed for use by girls over 3 years of age.

The applicable subheading for the "Comb in Color" will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for use on the hair: Other. The rate of duty will be free.

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/.

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.

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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