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NY I89761




January 21, 2003

CLA-2-33:RR:NC:2:240 I89761

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Marius G. De Bruyn
Swiss Creations, LLC
42 Read’s Way
New Castle Corporate Commons
New Castle, Delaware 19720-1649

RE: The tariff classification of FamelioCutin® Skin Care Cream from Switzerland

Dear Ms. Bruyn:

In your letter January 6, 2003 dated you requested a tariff classification ruling.

A sample of FamelioCutin® Skin Care Cream was submitted with your inquiry. The product, packaged in a pump dispenser bottle, is a moisturizing skin lotion sold at retail.

The applicable subheading for FamelioCutin® 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. 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.

Sincerely,

Robert B. Swierupski
Director,

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