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NY N011735




June 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3919.90.5060; 3926.90.9980

Ms. Christina Yun
M.Z.Berger & Company
29-76 Northern Blvd.
Long Island City, NY 11101

RE: The tariff classification of "Dora the Explorer" Love My Lips Compact from China

Dear Ms. Yun:

In your letter dated May 11, 2007 you requested a tariff classification ruling. A sample of "Dora the Explorer" Love My Lips Compact was submitted for review and is being returned as requested.

The sample, packed for retail sale, consists of a molded plastic mirrored compact containing a tube of lip balm and a sheet of decorative, plastic, self-adhesive stickers. A replacement tube of lip balm is included and is not part of the compact. The compact also has a plastic clip attached for hanging. The item is designed for use by young girls 3 and older.

For tariff classification purposes, the item is not a set and each item will be separately classified in its appropriate heading.

The applicable subheading for lip balm will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up 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 plastic stickers will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: other: other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the plastic compact will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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/.

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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