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May 10, 1999

CLA-2-29:RR:NC:2:240 E81132


TARIFF NO.: 3304.99.5000

Mr. Kevin Maher
C Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of “Color Gear Body Art” from Taiwan

Dear Mr. Maher:

In your letter dated April 26, 1999, on behalf of your client RoseArt Industries, you requested a tariff classification ruling.

A sample of the Color Gear Body Art, style # 5216-6/24, was submitted with your inquiry. The item consists of four shades of body pencils, four shades of body paints and a mini paintbrush. The articles are blistered packed for retail sale. The Color Body Art is designed for use by children eight years and older to create designs on the body.

The applicable subheading for the “Color Gear Body Art” 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: Other: Other..... The duty rate will be free.

Cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 212-637-7066.


Robert B. Swierupski

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