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NY H88517

February 14, 2002

CLA-2-33:RR:NC:2:240 H88517


TARIFF NO.: 3304.99.5000

Ms. Sara D. Alvarez
1530 SW 86 Court
Miami, Florida 33144

RE: The tariff classification of various skin care products from Spain

Dear Ms. Alvarez:

In your letter dated September 6, 2001, received February 8, 2002, you requested a tariff classification ruling. Your inquiry concerns the classification of various skin care product lines sold at retail.

The Leim Alternative Sun line consists of products marketed for the care of the skin during sun exposure. The Leim Alternative C line consists of skin care products containing Vitamin C. Leim Melawhite Cream is used as a whitening treatment for the reduction of pigmentation. Leim Retinol Defense is a skin care product line for the treatment of aging skin. The Leim Fruit Line is marketed for skin hydration and reduction of wrinkles.

The applicable subheading for the Leim Alternative Sun, Leim Alternative C, Leim Melawhite Cream, Leim Retinol Defense and Leim Fruit Line skin care products will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up [reparations and preparations for the care of the skin (other than medicaments) including sunscreen or suntan preparations; manicure or pedicure preparations: Other. 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.

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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