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NY I88143

November 15, 2002

CLA-2-33:RR:NC:2:240 I88143


TARIFF NO.: 3304.99.5000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a “Glamour Gear” Small Cosmetic Compact from China

Dear Mr. Maher:

In your letter dated November 1, 2002, you requested, on behalf of your client RoseArt Industries, a tariff classification ruling. A sample of the “Glamour Gear” Small Cosmetic Compact, Style No. 6049, was submitted with inquiry and is being returned as requested.

The compact consists of a collection of age appropriate products a child can use for grooming and adornment. The compact contains lip gloss, waterbased nail polish, blush, eyeshadow, stackable lipstick, roll-on body glitter, blush brush and foam applicator. The items, packaged for retail sale, are contained in a plastic holder blistered packed on a cardboard backing. The Cosmetic Compact will be classified as a set. The essential character is imparted by the cosmetics.

The applicable subheading for the cosmetic compact 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: Other.. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug 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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