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NY F86968




May 12, 2000

CLA-2-71:RR:NC:SP:233 F86968

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.7500; 9615.11.4000; 3304.99.5000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a necklace, a bracelet, a ring, hair clips and roll-on body glitter from China.

Dear Mr. Hoffacker:

In your letter dated May 4, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling.

A sample of item #80500C “Up-To-Date Sassy Boutique” was submitted with your inquiry. The retail package contains a plastic tattoo necklace with beads, a plastic tattoo bracelet with beads, a plastic tattoo ring, a bottle of roll-on body glitter, and two plastic butterfly hair clips.

The “Up-To-Date Sassy Boutique” does not contain items which are put up together to meet a particular need or carry out a specific activity. For Customs purposes, the goods do not comprise a set. Therefore, each article will be separately classified.

Your sample is being returned as requested. The other items in your letter (item #80500 A, B, D and E) will be addressed under separate cover.

The applicable subheading for the plastic tattoo necklace, bracelet and ring, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The rate of duty will be 7.2% ad valorem.

The applicable subheading for the plastic tattoo necklace, bracelet and ring, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The rate of duty will be free.

The applicable subheading for the hair clips will be 9615.11.4000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the roll-on body glitter will be 3304.99.5000, 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.

Cosmetics are subject to the regulations and requirements of the Food and Drug Administration (FDA). Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 5600 Fishers Lane, Rockville Lane, Rockville, Maryland 20857. The telephone number is (301) 443-3370.

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 Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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