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NY K83673

March 17, 2004
CLA-2-33:RR:NC:2:240 K83673


TARIFF NO.: 3304.99.5000

Mr. Steven De Core
D & D Customhouse Brokerage Inc.
701 Newark Avenue, Suite LL1
Elizabeth, New Jersey 07208

RE: The tariff classification of Funtastic Face Painting from China

Dear Mr. De Core:

In your letter dated February 24, 2004 you requested a tariff classification ruling on behalf of your client Wallace of Bridgeport DBA Top That Incorporated. A sample was submitted with your inquiry and will be retained by this office.

The sample, identified as Funtastic Face Painting, consists of six shades of face paint, two metallic paint crayons, a circular shaped sponge applicator, a double-ended paintbrush and a 32 page instruction booklet. The item, packed for retail sale, is designed for use by children eight years and older to create facial designs. For tariff classification purposes, the Funtastic Face Painting is a set with the essential character imparted by the theatrical make-up.

The applicable subheading for the Funtastic Face Painting 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.

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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