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NY J82210

March 27, 2003

CLA-2-33:RR:NC:2:240 J82210


TARIFF NO.: 3304.91.0010

Ms. Shirley Price
Funrise Toy Corporation
6115 Variel Avenue
Woodland Hills, CA 91367

RE: The tariff classification of a Play N Pretty Heart Compact Set from the United States and China

Dear Ms. Price:

In your letter dated February 27, 2003, you requested a tariff classification ruling.

A sample of the Play N Pretty Heart Compact Set, Item # 21793, was submitted with your inquiry and is being returned to you. The item consists of a molded plastic compact with three swing out compartments containing cosmetics. Two of the three compartments contain a total of eight shades of lipgloss and two cosmetic foam applicators. The remaining compartment contains two shades of powdered eyeshadow and two shades of powdered blush. A mirror is conveniently located under the lid. The cosmetics are made in the United States and all other components are made and packaged for retail sale as a set in China.

For Customs purposes, the Play N Pretty Heart Compact Set is a cosmetic set with the essential character imparted by the cosmetics.

The applicable subheading for the Play N Pretty Heart Compact Set will be 3304.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty and 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: Powders whether or not compressed.. Rouges.. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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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