The tariff classification of "Hair Removal Wax Kit in Cosmetic Bag Holder" from Canada and China

NY A83642 June 5 1996 CLA-2-33:RR:NC:FC:240 A83642 CATEGORY: Classification TARIFF NO.: 3304.91.0050; 3304.99.5000; 3307.90.0000; 4202.92.9025; 4421.90.6000; 6307.90.9989 Ms. Karen MacGillivray Tower Group International 128 Dearborn Street Buffalo, NY 14207-3198. RE: The tariff classification of "Hair Removal Wax Kit in Cosmetic Bag Holder" from Canada and China Dear Ms. MacGillivray: In your letter dated May 9, 1996 you requested a tariff classification ruling on behalf of your client Alexandria Sugaring Products Inc.. A sample of a "Hair Removal Wax Kit in Cosmetic Bag Holder" was submitted with your inquiry. The product, packaged for retail, consists of a cosmetic bag, , a bottle of "Skin Prep, one bottle of "Sloughing Lotion", one jar "Hair Removal Paste", one jar of "Body Lotion With Chamomile", one bottle of "Drying Powder", strips of cotton fabric, and two wooden spatulas (ice cream sticks). The cosmetic bag consists of a blue nylon outer shell with two plastic compartments with zippers. The bag is a travel bag for personal accessories of a kind normally sold at retail on its own merits. The cosmetic bag is manufactured in China. The cosmetic products are manufactured in Canada. The cosmetic products are used before, during and after the removal of hair. You suggested that the product be considered as a travel set, in heading 9605, which provides for travel sets for sewing, personal toilet, or for cleaning of shoes or clothing. This heading was not intended to cover sets of perfumes, toilet water, powders and creams, or sets of cosmetic preparations for body hair removal. Heading 9605 does not apply to the "Hair Removal Wax Kit in Cosmetic Bag Holder". The cosmetic bag and the products contained therein will be classified separately. The applicable subheading for the cosmetic bag will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 19.5 percent ad valorem. This cosmetic bag falls in Category 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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. The applicable subheading for the "Skin Prep Lotion" will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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: other. The rate of duty will be 2.9 percent ad valorem. The applicable subheading for the "Sloughing Lotion" will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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: other. The rate of duty will be 2.9 percent ad valorem. The applicable subheading for the "Hair Removal Paste" will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: other. The rate of duty will be 5.4 percent ad valorem. The applicable subheading for the "Drying Powder" will be 3304.91.0050, Harmonized Tariff Schedule of the United States (HTS), 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: other: powders, whether or not compressed. The rate of duty will be 2.9 percent ad valorem. The applicable subheading for the "Body Lotion with Chamomile" will be 330.4.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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: other. The rate of duty will be 2.9 percent ad valorem. The applicable subheading for the strips of fabric will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other. The rate of duty will be 7 percent ad valorem. The applicable subheading for the wooden spatulas (ice cream sticks) will be 4421.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for toothpicks, skewers, candy sticks, ice cream sticks, tongue depressors, drink mixers and similar small wares: other. The rate of duty will be 6.8 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. 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 212-466-5768. Sincerely, Roger J. Silvestri Director e National Commodity Specialist Division