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NY B88367

September 10, 1997

CLA-2-29:RR:NC:2:240 B88367


TARIFF NO.:3304.91.0010

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of "Color-Ups Fashion Cosmetics Vanity Organizer" from China

Dear Ms. Aldinger:

In your letter dated June 20, 1997, you requested a tariff classification ruling.

A sample of the "Color-Ups Fashion Cosmetics Vanity Organizer" was submitted with your inquiry and is being returned as requested. The cosmetic vanity organizer, Item # 971593, is a molded plastic vanity organizer with four swing out compartments containing cosmetics. Each compartment drawer is marked to identify its contents. The swing out compartments consist of four triangular shaped pans containing scented lip gloss, two triangular shaped pans containing powdered blush and two triangular shaped pans containing eyeshadow. The organizer has a compartment on top for storing stackable lipsticks, eyeshadows, cosmetics brushes and eyeshadow applicators. A mirror is conveniently located under the lid. The organizer also contains four stackable lipsticks, five stackable eyeshadows, one blusher brush, one lip gloss brush and two eyeshadow foam applicators. For Customs purposes, "Color-Ups Fashion Cosmetics Vanity Organizer" is a cosmetic set with the essential character imparted by the cosmetics.

The applicable subheading for the "Color-Ups Fashion Cosmetics Vanity Organizer" will be 3304.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for beauty and make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure ore pedicure preparations: other: powders, whether or not compressed: rouges. The rate of duty will be 2% percent ad valorem.

This item 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.


Gwenn Klein Kirschner

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