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NY H83140




July 20, 2001

CLA-2-33:RR:NC:2:240 H83140

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3304.99.5000; 3305.90.0000; 3924.90.5500; 6307.90.9989; 6805.20.0000; 9503.41.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Blue Gift Set – 6 Pc” from China

Dear Ms. Aldinger:

In your letter dated June 19, 2001, you requested a tariff classification ruling.

A sample of the Blue Gift Set, Item # 997355, was submitted with your inquiry. The set contains body glitter, lip gloss, glitter hair gel, emery board, toe spreader and a stuffed textile teddy bear measuring approximately 8 inches in height. The items are packed in a wire framed box covered with organza fabric. The Blue Gift Set is not a set for Customs purposes and each item will be separately classified.

The applicable subheading for lip gloss will be 3304.10.0000, 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: Lip make-up preparations.. The rate of duty will be free.

The applicable subheading for body glitter 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.

The applicable subheading for glitter hair gel will be 3305.90.0000, HTS, which provides for Preparations for use on the hair: Other.. The rate of duty is free.

The applicable subheading for the toe spreader will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Tableware and kitchenware, other household articles and toilet articles, of plastics: Other: Other.. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the wire framed box covered with organza fabric will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles, including dress patterns: Other: Other: Other.. Other: Other.. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the emery board will be 6805.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Natural or artificial abrasive powder or grain, on a base of textile material, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up: On a base of paper or cardboard only.. The rate of duty will be free.

The applicable subheading for the stuffed teddy bear will be 9503.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: Stuffed toys and parts and accessories thereof.. 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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