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NY L89717




January 13, 2006

CLA-2-33:RR:NC:2:240 L89717

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Mr. Yoon Dyer
Hankyu International Transport (USA), Inc. 230-19 International Airport Center Blvd
Jamaica, New York 11413

RE: The tariff classification of CracKare Moisturizing Stick from Japan

Dear Mr. Dyer:

In your letter dated January 3, 2006 you requested a tariff classification ruling on behalf of your client Kobayashi Healthcare, LLC.

A sample and descriptive literature of CracKare Moisturizing Stick were submitted with your inquiry. CracKare Moisturizing Stick, packaged in a one ounce retail container, is composed of petrolatum, castor oil, squalane, olive oil, cirine wax, white beeswax, cetanol, microcrystalline wax, docosanoic, rice bran extract and tocopheryl acetate. CracKare Moisturizing Stick, applied directly on the skin, is marketed for the care of cracked and rough skin.

The applicable subheading for the CracKare Moisturizing Stick 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. The rate of duty will be free.

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 at Stephanie Joseph 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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