CLA-2-33:RR:NC:FC:240 A85580

Ms. Debi Kline
Family Dollar Stores, Inc.
P.O. Box 1017
10401 Old Monroe Road
Charlotte, N.C. 28201-1017

RE: The tariff classification of "Dream Girls Deluxe Beauty Set" from China

Dear Ms. Kline:

In your letter dated June 27, 1996, you requested a tariff classification ruling.

A sample of the "Dream Girls Deluxe Beauty Set" was submitted with your inquiry and is being returned. The beauty set consists of five stackable stick lipsticks, six stackable stick creme eyeshadows, three heart shaped pans containing powdered eyeshadow, two rectangular pans containing powdered blush, one rectangular pan containing face powder, two tubes of lipstick, one roll on lip gloss, one oval mirror, one brush applicator, one foam applicator, eight pairs of plastic puffed press-on earings and twelve plastic nails. The items are packaged together in a retail box, however, they are not considered a set for Customs purposes. The products do not meet a particular need or carry out a specific activity. Each item will be classified separately in its own appropriate heading. The applicable separate subheadings and duty rates for the items contained in the "Dream Girls Deluxe Beauty Set" will be:

Lipstick and lip gloss: 3304.10.0000, HTS, which provides for lip-make-up preparations. The duty rate will be 2.9 percent ad valorem.

Eyeshadow: 3304.20.0000, HTS, which provides for eye make-up preparations The duty rate will be 2.9 percent ad valorem.

Powdered blush: 3304.91.0010, HTS, which provides for powders whether or not compressed, rouges. The duty rate will be 2.9 percent ad valorem.

Face powder: 3304.91.0050, HTS, which provides for powders whether or not compressed: other. The duty rate will be 2.9 percent ad valorem.

Oval mirror: 7009.91.1000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: other: unframed: not over 929 cmý in reflecting area. The duty rate will be 7.8 percent ad valorem.

Blush brush: 9603.30.2000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued not over 5 cents each. The rate of duty will be 4.1 percent ad valorem; or

9603.30.4000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued over 5 cents each but not over 10 cents each. The rate of duty will be 0.2 cents each; or

9603.30.6000, HTS, which provides for artists' brushes, writing brushes and similar brushes for the application of cosmetics: valued over 10 cents each. The rate of duty will be 1.9 percent ad valorem.

Sponge applicator: 9616.20.0000, HTS, whic provides for powder puffs and pads for the application of cosmetics or toilet preparations. The rate of duty will be 6.8 percent ad valorem.

Plastic puffed press-on earings: 3926.40.0000, HTS, which provided for statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem. Plastic nails: 3926.40.0000, HTS, which provides for statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

Cosmetics are subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380. The 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 212-466-5768.

Sincerely,

Roger J. Silvestri
Director,
National Commodity
Specialist Division