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NY F82781

February 23, 2000

CLA-2-33:RR:NC:2:240 F82781


TARIFF NO.: 3304.99.5000

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of Shimmer Lotion, Glitter Spray and Bath Fizz from the United Kingdom

Dear Mr. Ralston:

In your letter dated February 2, 2000, on behalf of your client Heathcote & Ivory, you requested a tariff classification ruling.

Samples of the shimmer lotion, glitter spray and bath fizz were submitted with your inquiry and are being returned as requested. The shimmer lotion and glitter spray, packaged for retail sale, are beauty preparations. Both items give off a shimmering and glitter look when applied to the body. The bath fizz, packed in cellophane for retail sale, contains three fizz balls. When placed in warm bath water, the item will fizz and release a fragrance.

The applicable subheading for the shimmer lotion and glitter spray 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. The rate of duty will be free.

A ruling on the bath fizz cannot be issued at this time. The classification concerning this product has been referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229.

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.


Robert B. Swierupski

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