CLA-2-33:OT:RR:NC:N2:240

Jeanette Arciero
CVS On-Site Import Client Liaison
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of The Color Workshop Ultimate Beauty Studio 51 Piece Beauty Collection from China

Dear Ms. Arciero:

In your letter dated August 15, 2013, you requested a tariff classification ruling of The Color Workshop Ultimate Beauty Studio 51 Piece Beauty Collection. A sample of the item was submitted with your letter for review and is being returned as requested.

The Color Workshop Ultimate Beauty Studio 51 Piece Beauty Collection contains two nail polish bottles, two lipstick tubes, two eye pencils, eight pans containing four separate eye shadow colors and one blush, one mirrored compact, two toe separators, one blush brush, and one sponge applicator. The eye shadow and blush pans are interchangeable in the mirrored compact. The items are placed inside of a plastic molded tray, packaged in a printed box, and sold for retail sale.

The applicable subheading for The Color Workshop Ultimate Beauty Studio 51 Piece Beauty Collection will be 3304.91.0010, 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: Manicure or pedicure preparations: Other: Powders, whether or not compressed: Rouges. The rate of duty will be free.

Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), 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 888-463-6332, or by visiting their website at: www.fda.gov.

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 Stephanie Joseph (646) 733-3268.

Sincerely,

Myles B. Harmon
Acting Director
National Commodity Specialist Division