CLA-2-:33:OT:RR:NC:N4:414
Category: Classification
Tariff NO.: 3304.99.5000
Mr. Franco Grutti
Weiss-Rohlig USA, LLC
46 Arlington St.
Chelsea, MA 02150
RE: The tariff classification of Aquapresen Flex Balsam Muscle Balm from Switzerland
Dear Mr. Grutti:
In your letter dated September 8, 2014, you requested a tariff classification ruling on Aquapresen Flex Balsam Muscle Balm on behalf of Aquapresen Cometiks USA Inc. A 6.76 fluid ounce bottle of Flex Balsam Muscle Balm was furnished with your request for a ruling and will be retained by this office.
Flex Balsam Muscle Balm is used for sprained or tired joints and sore or tired muscles. It is rubbed into the skin and is describe as a massage emulsion used for stressed joints, tensed muscles, heavy legs, and sore feet. It contains Swiss organic herbals.
In your letter, you suggest classification of Aquapresen Flex Balsam Muscle Balm in subheading 3004.90.9190, Harmonized Tariff Schedule of the United States ( HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Other.” We disagree. You state that the subject product is a “real energy package for your well-being. It is stimulating, activating and refreshing. Flex Balsam Muscle Balm is a deeply effective massage emulsion which can be used for stressed joints, tensed muscles, heavy legs, sore feet and others.” The directions for use on the bottle state “for joints and muscles, rub 2-3 times daily or before and after sport.” Based upon the product description, ingredients and the representative sample provided, the Aquapresen Flex Balsam Muscle Balm is not a medicament that is indicated for the treatment of a specific disease or ailment. It is considered to be a skin care preparation that is excluded by Chapter 30 Note 1 (e) for tariff classification purposes.
The applicable subheading for the Aquapresen Flex Balsam Muscle Balm will be 3304.99.5000, 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: Other: Other: Other. The rate of duty will be free.
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/.
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 (FDA). Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Bruch Parkway, College Park, MD 20740-3835, telephone number 888-723-3366, or by visiting their website at: www.fda.gov.
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 Barbara Kiefer at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division