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NY H85013

August 20, 2001

CLA-2-33:RR:NC:2:240 H85013


TARIFF NO.: 3304.99.5000

Ms. Brenda Stimpson
Bella Emporium
P.O. Box 1145
Pasadena, CA 91102

RE: The tariff classification of Mother & Baby skin care products from New Zealand

Dear Ms. Stimpson:

In your letter dated August 3, 2001 you requested a tariff classification ruling.

Your inquiry concerns the classification of plant based toiletry products: Hair and Bodywash, Moisturizer and Baby Oil. The toiletry products are marketed for mothers and babies.

The applicable subheading for the Moisturizer and Baby Oil 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 skin... The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on Hair and Bodywash. Your request for a classification ruling should include a sample and the complete list of ingredients. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Cosmetic and toiletry products may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-3380.

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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