CLA-2-34:RR:NC:SP:236 I87958

Mr. Eric Lee
1245 Grandview Pl,
Suite 51
Bronx, NY 10452

RE: The tariff classification of Natural Fairness Shower Gel, Natural Fairness Facial Foam, Natural Fairness Hydrating Lotion, Natural Fairness Liquid Soap and Natural Fairness Soap Bars from Singapore

Dear Mr. Lee:

In your letter received October 29, 2002, on behalf of your client, CAMPO RESEARCH PTE LTD., you requested a tariff classification ruling.

The applicable subheading for the Natural Fairness Shower Gel in Bulk, will be 3402.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparation (including auxiliary washing preparations) and cleaning those of heading 3401: Other: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the Natural Fairness Facial Foam in Bulk, will be 3402.90.5050, HTS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparation (including auxiliary washing preparations) and cleaning those of heading 3401: Other: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the Natural Fairness Liquid Soap in Bulk, will be 3401.20.0000, HTS, which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; paper, wadding, felt and nonwovens impregnated, coated or covered with soap or detergent: Soap in other forms. The rate of duty will be Free.

The applicable subheading for the Natural Fairness Soap Bars will be 3401.11.5000, HTS, which provides Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; paper, wadding, felt and nonwovens impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: For toilet use (including medicated products): Other. The rate of duty will be Free.

A classification ruling regarding the Natural Fairness Hydrating Lotion in bulk 55 gallon drums cannot be issued at this time. A question of classification on a similar issue is currently pending before the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. When this issue is resolved, you may wish to consider resubmission of your request.

Perfumery, cosmetic and toiletry products are subjected to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553

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 Deborah Walsh at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division