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NY M84645

July 14, 2006

CLA-2-33:RR:NC:2:240 M84645


TARIFF NO.: 3304.99.5000

Ms. Laura Cusack
Rooted in Africa
11333 N 92 Street, Unit 1119
Scottsdale, AZ 85360

RE: The tariff classification of Body Butter and Display Box, Control Number L85729 from South Africa

Dear Ms. Cusack:

In your letter dated June 20, 2006, you requested a tariff classification ruling.

Your inquiry pertains to the classification of a zebra stripe display box filled with 24 assorted containers of “Under the Sun” Body Butter. The assortment of body butters is used to moisturize the skin. The skin care products, packaged in 50 ml containers, consists of plant extracts indigenous to South Africa, shea butter and other natural ingredients.

The applicable subheading for the Body Butter and Point of Purchase Display Box, Control Number L85729 will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS 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 are 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 Stephanie Joseph at 646-733-3268.


Robert B. Swierupski

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