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NY E86882




September 24, 1999

CLA-2-33:RR:NC:2:240 E86882

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.91.0010; 3304.99.5000

Ms. Alpha Robinson
461 From Road
Paramus, NJ 07652-3524

RE: The tariff classification of “Dream Dazzlers Vanity Organizer” and “Dream Dazzlers Color-ups Fashion Cosmetics” from China

Dear Ms. Robinson:

In your letter dated August 25, 1999, you requested a tariff classification ruling.

A sample of the “Dream Dazzlers Vanity Organizer” was submitted with your inquiry and is being returned as requested. The cosmetic vanity organizer, Item #021326, is a molded plastic vanity organizer with four swing out compartments containing cosmetics. The compartment drawers are marked to identify its contents. Each swing out compartment consists of two triangular shaped pans containing scented lip gloss, cream blush and eye shadow. The organizer has a compartment on top for storing stackable lipstick, eye shadow, cosmetic brushes and eye shadow applicators. A mirror is conveniently located under the lid. The organizer also contains four shades of stackable lipstick, five shades of stackable eye shadow, one blusher brush, one lip gloss brush and two foam applicators. For Customs purposes, “Dream Dazzlers Vanity Organizer” is a cosmetic set with the essential character imparted by the cosmetics.

A sample of the “Dream Dazzlers Color-ups Fashion Cosmetics” was submitted with your inquiry and is also being returned. The cosmetic compact, Item #926612, is a make-up set consisting of eight triangular shaped pans containing powdered eye shadow, two rectangular shaped pans containing powdered blush, six shades of stackable eye shadow, five shades of stackable lipstick, one foam applicator and one blusher brush. For Customs purposes, “Dream Dazzlers Color-ups Fashion Cosmetics” is a cosmetic set with the essential character imparted by the cosmetics.

The applicable subheading for the “Dream Dazzlers Vanity Organizer” will be 3304.99.5000, 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 or pedicure preparations: Other: Other: Other.. The rate of duty will be free.

The applicable subheading for the “Dream Dazzlers Color-Ups Fashion Cosmetics” 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 or pedicure preparations: Other: Powders, whether or not compressed.. Rouges. The rate of duty will be free.

Perfumery, 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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