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NY L87614

November 15, 2005

CLA-2-33:RR:NC:2:240 L87614


TARIFF NO.: 3304.30.0000

Mr. Edward J. Toscano
Toscano International Trading Company, Ltd. 1673 New York Avenue
Huntington, New York 11746

RE: The tariff classification of a French Manicure Kit from Paraguay

Dear Mr. Toscano:

In your letter dated October 7, 2005 you requested a tariff classification ruling. In addition, you requested information regarding license, quota, labeling, bond and other fees related to the importation of this product. A sample was submitted with your ruling request and will not be returned.

The item, packaged for retail sale, consists of a .32 ounce bottle of French Tip White nail enamel, a .32 ounce bottle of Semi Transparent nail enamel and a package containing self-adhesive nail painting guides. The adhesive guides are placed at the tip of each nail to create clean, sharp edges for a more professional application. For tariff classification purposes, the French Manicure Kit is a set with the essential character imparted by the nail enamel.

The applicable subheading for the French Manicure Kit 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 preparations. The rate of duty will be free.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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 labeling 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.

The French Manicure Kit is not subject to quota restrictions and does not require an import license. In response to your question regarding bond requirements and other fees, contact the Entry Division at your local port.

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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