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NY R03311

March 8, 2006

CLA-2-33:RR:NC:2:240 R03311


TARIFF NO.: 3305.90.0000

Ms. Debbie S. Bennett
Delmar Logistics (IL) Inc.
1555 Mittel Blvd
Suite R
Wood Dale, IL 60191

RE: The tariff classification of several hair preparations from Sweden

Dear Ms. Bennett:

In your letter dated February 17 2006, you requested a tariff classification ruling on behalf of your client Pivot Point International Inc.

Your inquiry pertains to several preparations used in hair care: Lecithin+ additive, Magnesium+ additive, N.C.A+, and A.D.S. (Anti-Dandruff Serum).

Lecithin+ additive, imported in 5 ml ampoules and 1 liter bottles, is composed of hydrophilized soybean lecithin, phosphatidylcholine, deionized water, and methylchloroisothiazolinone. The preparation is used as an additive to shampoos and hair colorings for moisture balancing.

Magnesium+ additive, imported 104215 in 5 ml ampoules and 1 liter bottles, is composed of electrolytic magnesium solution and methylchloroisothiazolinone. Magnesium+ additive is a concentrated magnesium and panthenol additive for shampoos and hair perming solutions. The preparation is marketed for strengthening the hair structure.

N.C.A+, imported in 5 ml ampoules and 1 liter bottles, is composed of nucleic acids, vitamin B, vitamin E, essential amino acids (lysine, phenylalanine cysteine, methionine, threonine, isoleucine, valine, tryptophane), quaternary ammonium compounds, preservatives, fragrance compounds, and deionized water. N.C.A+ is used as a hair treatment pack for structure-damaged, brittle, and strained hair.

A.D.S. (Anti-Dandruff-Serum),imported in 5 ml ampoules, is composed of water, cetrimonium chloride, melaleuca alternifolia, PEG hydrogentated castor oil, ethoxydiglycol, propylene glycol, urtica dioica, methylchloroisothiazolinone and methylchloroisothiazolinone. A.D.S is used as an additive in GEL+, E.F.A+, and Volume Shampoo for the treatment of dandruff and oily scalps.

The applicable subheading for Lecithin+ additive, Magnesium+ additive, N.C.A.+, and A.D.S (Anti-Dandruff-Serum) will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for use on the hair: 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/.

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.


Robert B. Swierupski

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