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NY K86210

May 25, 2004
CLA-2-33:RR:NC:2:240 K86210


TARIFF NO.: 3304.99.5000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Deluxe Make-up Set from China

Dear Ms. Aldinger:

In your letter dated May 13, 2004 you requested a tariff classification ruling. A sample of the Deluxe Make-up Set, Item # 936373, was submitted for review with your ruling request.

The item consists of a molded plastic compact containing cosmetics. The compact, measuring approximately 5 ½ inches by 4¾ inches, has one center compartment and two swing out side compartments. The center compartment contains six shades of cream blush, four shades of lipgloss and two cosmetic foam applicators. The swing out compartments each contains four shades of eyeshadow. A plastic mirror is conveniently located under the lid. The cosmetics are made and packaged for retail sale as a set in China. The make-up set is marketed for use by children five years and older. The sample will be retained by this office.

For tariff classification purposes, the Deluxe Make-up Set is a cosmetic set with the essential character imparted by the cosmetics.

The applicable subheading for the Deluxe Make-up Set will be 3304.99.5000, 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: Other: Other.. 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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