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NY L89525

January 13, 2006

CLA-2-38:RR:NC:2:239 L89525


TARIFF NO.: 3824.90.9190

Mr. Milton Hamburger
65 Challenger Road
Ridgefield Park, New Jersey 07660

RE: The tariff classification of "Celabio" from Japan

Dear Mr. Hamburger:

In your letter dated December 12, 2005 you requested a tariff classification ruling for Celabio which you have stated will be used as a component in cosmetics to promote collagen production. The product is composed of rice bran and soybean extracts fermented with bacillus, water, less than 5 percent phenoxyethanol and ethanol.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 (301) 436-1130.

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 Richard Dunkel at 646-733-3032.


Robert B. Swierupski

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