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NY K82075

January 12, 2004
CLA-2-33:RR:NC:2:240 K82075


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 a Family Make-up Kit from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. A sample was submitted with your inquiry and is being returned as requested.

The Family Make-up Kit, Item No. 10103, contains six shades of mini make-up sticks, a bottle of nail polish, a small tube of white cream make-up, one plastic pan containing six shades of grease make-up, a mini lipstick, a small pan containing tooth out wax used to darken teeth and two triangular shaped sponge applicators. The items are blister packed for retail sale. For tariff classification purposes, the Family Make-up Kit is considered a set with the essential character imparted by the theatrical make-up.

The applicable subheading for the Family Make-up Kit 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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