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NY K82121

January 20, 2004
CLA-2-33:RR:NC:2:240 K82121


TARIFF NO.:3304.30.0000

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

RE: The tariff classification of a Dual Lipstick & Nail Polish from China

Dear Mr. Williams:

In your letter dated December 17, 2003 you requested a tariff classification ruling. A sample was submitted for review with your ruling request.

The Dual Lipstick & Nail Polish, Item no. 10070, consists of a plastic bottle of nail polish with a tube of lipstick fitted into the brush applicator portion of the nail polish. The Dual Lipstick & Nail Polish, packed for retail sale, is a composite good classified as a manicure preparation. The sample is being returned as requested.

The applicable subheading for the Dual Lipstick & Nail Polish will be 3304.30.0000, 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 Manicure or pedicure preparation. 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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