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NY A83067





May 15 1996

CLA-2-33:RR:NC:2:240 A83067

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. M.L.S. Cook
Socratica Research Institute
PO Box 3291
Ashland, Oregon 97520-0310.

RE: The tariff classification of Plocher Creme Spezial from Germany

Dear Mr. Cook:

In your letter dated April 24, 1996, you requested a tariff classification ruling.

A sample of Plocher Creme Spezial was submitted with your inquiry. Plocher Creme Spezial, sold at retail in glass jars, is composed of olive oil, beeswax, rose oil, butter extracts, extracts of camomile, arnica, St. John's Wort, echinacea, natural Vitamin E , and minerals. The product is marketed as a cosmetic preparation/skin care cream.

The applicable subheading for Plocher Creme Spezial will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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. The rate of duty will be 2.9 percent ad valorem.

This product may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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 212-466-5768.

Sincerely,

Roger J. Silvestri
Director

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