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September 8, 1999

CLA-2-33:RR:NC:2:240 E86215

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.91.0050

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of “Kaleidoscope Powder Compact” from Italy

Dear Ms. Wierbicki:

In your letter dated August 18, 1999, you requested, on behalf of your client Avon Products, Inc., a tariff classification ruling.

A sample of the “Kaleidoscope Powder Compact” was submitted with your inquiry and is being returned as requested. The item consists of a plastic compact containing a pressed cosmetic facial powder in a metal pan. The metal pan, measuring 1 ¾ inches in diameter by ¼ inch deep, resembles a kaleidoscope containing six different colors.

The applicable subheading for the Kaleidoscope Powder Compact will be 3304.91.0050, 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: Powders, whether or not compressed .. Other.. The rate of duty 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.

Sincerely,

Robert B. Swierupski
Director,

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