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NY H87993

February 6, 2002

CLA-2-33:RR:NC:2:240 H87993


TARIFF NO.: 3304.91.0050

Ms. Iris Cagner
All Nations Forwarding
One Cross Island Plaza
Jamaica, NY 11422

RE: The tariff classification of Elizabeth Arden Cosmetic Set from China

Dear Ms. Cagner:

In your letter dated January 29, 2002 you requested a tariff classification ruling on behalf of your client Jackel, Inc. A sample of the cosmetic set was submitted for review, and is being returned to you as requested..

The Elizabeth Arden Cosmetic Set is packed in a plastic holder. The entire set is packaged in an outer red cardboard box wrapped in a paper sleeve. The cosmetic products and ingredients are enumerated on the paper sleeve. The set consists of four lip glosses, four lipsticks, two lip pencils, three eye pencils, two bottles of nail polish, Shimmering Powder Brush, mascara, blush brush, eyeshadow brush, brow brush, lip brush, a refillable compact with mirror, and two color palettes, each containing four eye shadows, blush, eyeshadow applicators and blush brush. The Elizabeth Arden Cosmetic Set will be classified as a set. The essential character is imparted by the cosmetics.

The applicable subheading for the Elizabeth Arden Cosmetic Set will be 3304.91.0050, 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: Powder, whether or not compressed: Other. The rate of duty will be free.

Cosmetic and toiletry products are subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857.

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 646-733-3268.


Robert B. Swierupski

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