CLA-2-34:OT:RR:NC:N2:236

Mr. Terry Pilant
1930 Sixth Ave., South, Suite 401
Seattle, WA 98134

RE: The tariff classification of Chamois Crème and Active Wear Cleanser from Switzerland

Dear Mr. Pilant:

In your letter received October 28, 2008, on behalf of your client, Quality Bicycle Products, you requested a tariff classification ruling.

The samples submitted, consists of two products: Chamois Crème and Active Wear Cleanser. The first product Chamois Crème is a skin cream used by bicyclists. The Chamois Crème is used to reduce saddle friction on the skin. The second product Active Wear Cleanser is a liquid detergent in a 300ml plastic dispenser. These products are put up for retail sale.

The applicable subheading for the Chamois Crème will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty and make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure ore pedicure preparations: Other: Other: Other….. The rate of duty will be Free.

The applicable subheading for the Active Wear Cleanser will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: 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, 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 (301) 436-1130.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division