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NY K82070

January 20, 2004
CLA-2-33:RR:NC:2:240 K82070


TARIFF NO.: 3304.99.5000

Mr. Randy Williams
Seasons U.S.A., Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of Make up Sticks from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. Three samples were submitted for review with your ruling request.

The sample, identified as Item no. 10076-018, consists of a “glow in the dark” make-up stick and a plastic poker. The sample, identified as Item no. 10064, contains five shades of make-up sticks. The sample, identified as Item no. 10075-029, contains three neon shades of “glow in the dark” make-up sticks and a plastic poker. The poker is used to push the make-up stick up through the plastic tube when needed. The items, packed for retail sale, can be used to create facial designs for Halloween. For tariff classification purposes, the items containing the make-up sticks with the pokers, are sets with the essential character imparted by the make-up sticks. The samples are being returned as requested.

The applicable subheading for make-up sticks 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, Drug and Cosmetic Act, which is 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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