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NY A83510

May 15, 1996

CLA-2-42:RR:NC:WA:341 A83510


TARIFF NO.: 3304.10.0000, 4202.92.4500

Ms. Brenda Netto
Expeditors International 1840 Airport Exchange Blvd. Erlanger, KY. 41018

RE: The tariff classification of travel bags and cosmetics from China.

Dear Ms. Netto:

In your letter dated March 18, 1996 you requested a tariff classification ruling. The request is on behalf of Libby Lee Toys, Inc.

Samples of four prototype travel bags identified as styles 5501, 5601, 5701 and 5801 have ben received. Each sample is constructed of compact Polyvinyl Chloride (PVC) plastic sheeting which has a fabric backing. The bags are wrapped in a prototype packer sleeve. When imported, a plastic heart shaped container filled with three pans of lipgloss and an applicator will be affixed to the paper packer sleeve. A sample of the heart shaped container with an image of the contents has been submitted. Your samples are being returned as requested.

The applicable subheading for the PVC travel bags will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials or of a sheeting of plastics, other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the lipgloss with applicator and container will be 3304.10.0000, HTS, which provides for lip make-up preparations. The rate of duty will be 2.9 percent ad valorem.

Regarding the lipgloss, the United States Food and Drug Administration ( FDA ) approval is needed. The cosmetics may be subject to FDA regulations. It is recommended that you contact the FDA at 5600 Fisher's Lane, Rockville, Md., 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 Kevin Gorman at 212-466-5893.


Roger J. Silvestri

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