NY 855580

Sep 04 1990


CLA-2-96:S:N:N1:236 855580

Ms. Charise Willard
Import Supervisor
W.G. Carroll & Co., Inc.
185 East Bay Street
Suite 204
P.O. Box 685
Charleston, S.C. 29402

RE: The tariff classification of Elegant Cosmetic Gift Set from Hong Kong

Dear Ms. Willard:

In your letter dated August 10, 1990 you requested a tariff classification ruling.

The prospective import is a three piece cosmetic gift set consisting of a vent brush (valued under 40 cents), a hand mirror, and a cosmetic bag made of 65% polyester/35% cotton. For Customs purposes this is not a set. The cosmetic bag is not the usual packing for the brush and mirror. In fact, the brush and mirror does not fit into this bag. The cosmetic bag is designed to hold miscellaneous cosmetics and cosmetic brushes. The applicable subheading for the hand mirror will be 7009.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors, framed, not over 929 squared centimeters in reflecting area. The rate of duty will be 7.8 percent ad valorem.

The applicable HTS subheading for the vent brush will be 9603.29.4000, which provides for toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes, and other toilet brushes for use on the person. The rate of duty will be 0.2 cent each plus 7 percent ad valorem. The applicable HTS subheading for the cosmetic bag will be 4202.32.9550, which provides for toiletry bags, of a kind normally carried in the pockets or in the handbag, of man-made fibers. The rate of duty will be 20 percent ad valorem. The cosmetic bag falls within textile category designation 670. Based upon international textile trade agreements, products of Hong Kong are subject to visa and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport