The tariff classification of Hot Designs Nail Art Pens from China

N248574 January 2, 2014 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3304.30.0000 Jennie Crossley Executive Vice President Allstar Marketing Group, LLC 2 Skyline Drive Hawthorne, NY 10532 RE: The tariff classification of Hot Designs Nail Art Pens from China Dear Ms. Crossley: In your letter dated December 4, 2013, you requested a tariff classification ruling of Hot Designs Nail Art Pens. A sample of the item was submitted with your letter for review and will be retained by the office. The Hot Designs Nail Art Pens contains three double sided pens. Each side contains a different nail color and a brush for polishing or a tip for drawing. 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 Hot Designs Nail Art Pens will be 3304.30.0000, 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. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division