The tariff classification of a "Glamour Gear" Cosmetic Craze Set from China

NY I87969 November 15, 2002 CLA-2-33:RR:NC:2:240 I87969 CATEGORY: Classification TARIFF NO.: 3304.10.0000; 3304.30.0000; 3304.99.5000; 3924.90.5500; 7326.20.0070; 9615.11.4000 Mr. Kevin Maher C-Air Customhouse Brokers 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a “Glamour Gear” Cosmetic Craze Set from China Dear Mr. Maher: In your letter dated October 28, 2002, you requested, on behalf of your client RoseArt Industries, a tariff classification ruling. A sample of the “Glamour Gear” Cosmetic Craze Set, Style No. 6061, was submitted with your inquiry and is being returned as requested. The set consists of a collection of age appropriate products a child can use for grooming and adornment. It contains waterbased nail polish, lipgloss, roll-on glitter gel, a metal split-ring keychain with a flower shaped plastic mirror attached and plastic flower shaped hair claw clips. The items are packaged for retail sale in a case composed of molded plastic in the shape of a flower. The case, measuring approximately 8½“ by 6”, is not specifically shaped or fitted to contain the articles which are placed inside of a plastic molded tray. Although marketed as a set, the items are not designed to meet a particular need nor do they carry out a specific activity. For tariff classification purposes, each item will be classified separately under its appropriate heading. The applicable subheading for lipgloss will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides 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: Lip make-up preparations….. The rate of duty will be free. The applicable subheading for nail polish will be 3304.30.0000, 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….. The rate of duty will be free. The applicable subheading for body glitter gel 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: Other: Other….. The rate of duty will be free. The applicable subheading for the plastic case will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Other household articles, of plastics: Other: Other….. The rate of duty is 3.4 percent ad valorem. The applicable subheading for the keychain will be 7326.20.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of iron or steel: Articles of iron or steel wire….. The rate of duty will be 3.9 percent ad valorem. The applicable subheading for plastic hair claw clips will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Combs, hair-slides and the like: Of hard rubber or plastics: Other: Not set with imitation pearls or imitation gemstones….. The rate of duty will be 5.3% ad valorem. Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857. 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