The tariff classification of Hello Kitty Hair Chox Kit, Item 43358, from China

N244805 August 28, 2013 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3305.90.0000; 9615.11.4000 Mr. Joseph D. Paterick Fashion Angels Enterprises 4353 North Richards Street Milwaukee, WI 53212 RE: The tariff classification of Hello Kitty Hair Chox Kit, Item 43358, from China Dear Mr. Paterick: In your letter dated July 31, you requested a tariff classification ruling. A sample of the Hello Kitty Hair Chox Kit, Item 43558, was submitted with your inquiry, and is being returned as requested. The Hello Kitty Hair Chox Kit, Item 43558, consists of three temporary hair color chalks and a bow shaped plastic clip. The articles, put up for retail sale in a blister package, are marketed for use by young girls to provide decoration and temporary color to the hair. You suggest that the Hello Kitty Hair Chox Kit is classifiable as a toy in subheading 9503.00.0073, HTSUS, which provides for Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale (“scale”) models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: “Children’s products” as defined in 15 U.S.C. § 2052: Other. There is no indication on the packaging that the articles are for dress-up play or for use as toys. The combinations of articles do not represent a particular recreation, person, or profession, nor does the set consist of toy items. The Hello Kitty Hair Chox Kit, Item 43558, is not a set for tariff classification purposes; therefore, each item will be classified separately in its appropriate heading The applicable subheading for the hair chalk will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations for use on the hair: Other. The rate of duty will be free. The applicable subheading for the plastic clip will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair curlers and the like, other than those of heading 8516, and parts thereof: 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 percent ad valorem. 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 at (646) 733-3268. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division