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NY L80686




November 29, 2004
CLA-2-34:RR:NC:SP:236 L80686

CATEGORY: CLASSIFICATION

TARIFF NO.: 3401.30.5000, 3304.99.5000

Ms.Cindy Metcalf
Mary Kay Inc.
P.O. Box 799045
Dallas, TX 75379-9045

RE: The tariff classification of Satin Hands & Body Cleansing Gel, Velocity Facial Cleanser, Deep Cleanser (formula # 3) and Timewise 3-in-1 Cleanser from China

Dear Ms. Metcalf:

In your letter dated October 25, 2004 you requested a tariff classification ruling.

The samples submitted are as follows:

Item #1 The Satin Hands & Body Cleansing Gel is a body wash put up for retail sale in a 8 oz tube.

Item #2 The Velocity Facial Cleanser deep cleans and exfoliates and is put up for retail sale in a 5 oz tube.

Item #3 The Deep Cleanser (formula # 3) is a face wash for oily skin and is put up for retail sale in a 6.5 oz bottle.

Item #4 The Timewise 3-in-1 Cleanser is a non-soap cleanser that helps reduce fine lines. It is put up for retail sale in a 4.5 oz tube.

The applicable subheading for the Satin Hands & Body Cleansing Gel, Velocity Facial Cleanser and the Deep Cleanser formula # 3 will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Other. The rate of duty will be Free.

The applicable subheading for the Timewise 3-in-1 Cleanser will be 3304.99.50000 Harmonized Tariff Schedules of the United States (HTS), which provides for Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or 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 Federal Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835. Their telephone number is (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 Debra Wholey at 646-733- 3034.

Sincerely,

Robert B. Swierupski
Director,

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