CLA-2-33:RR:NC:2:240 K81156

MS. Carol Ritchings
Conair
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of Model HT 10892 Lip-gloss from China

Dear Ms. Ritchings :

In your letter dated November 10, 2003 you requested a tariff classification on ruling a lip-gloss.

A sample of the Model HT 10892 Lip-gloss was submitted for review with your inquiry. Four layers of varying colors of lip-gloss are packaged in a butterfly shaped bottle with an applicator cap.

The applicable subheading for the Model HT 10892 Lip-gloss will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lip make-up preparations. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835 (202) 418 3412.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division