CLA-2-33:OT:RR:NC:2:240
Ms. Sue Anne Cruz
Talika America, LL.C
P.O. Box 50-0548
Miami, FL 33256-0548
RE: The tariff classification of an Eye Ritual Kit from France.
Dear Ms. Cruz:
In your letter dated January 4, 2011, you requested a tariff classification ruling. A sample of the Eye Ritual Kit was submitted with your inquiry and will be returned.
The Eye Ritual Kit, imported in a white cardboard box, contains two tubes of eyelash conditioning gel, two eye therapy masks, a pump bottle of eye cleanser, a pump bottle of instant beauty tightening gel, a jar of eye scrub, a jar of active massage balm, a jar of sea water, an eye mask holder, an oval stone, and a small bag containing two quartz stones and an amethyst stone. The eye therapy mask consists of a textile backing with a gel surface composed of ceramide 3, avocado oil, safflower oil, wheat germ oil, mineral oil, rose essential oil, and musk. The eye therapy mask is applied to the eye area and is reusable for twenty sessions. The eye mask holder, a fitted case for the gel eye therapy masks, is constructed with an outer surface of plastic sheeting material that is reinforced with textile material. The eye mask holder is of a durable construction and suitable for reuse. The eye cleanser contains sodium laureth sulfate among other active ingredients. The sea water is utilized to wash the small stones. The articles in the Eye Ritual Kit are to be administered by professionals in spa treatment rooms. The Eye Ritual Kit is not a set for tariff classification purposes; therefore, each item will be classified separately in its appropriate heading.
The applicable subheading for the sea water will be 2501.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents; sea water. The rate of duty will be free.
The applicable subheading for the eyelash conditioning gel, eye scrub, tightening gel, active balm, and eye therapy masks 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.
The applicable subheading for the gentle eye cleanser will be 3401.30.5000, HTSUS, 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; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper; wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Other. The rate of duty will be free.
The applicable subheading for the eye mask holder will be 4202.92.9060, HTSUS, which provides for Other containers and cases, of plastic sheeting or of textile materials: Other: Other: Other: Other. The rate of duty will be 17.6 percent ad valorem.
The applicable subheading for the amethyst and quartz stones will be 7103.99.5080, HTSUS, which provides for Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience of transport: Otherwise worked: Other: Other. The rate of duty will be 10.5 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 (301) 436-1130.
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/.
Your inquiry does not provide enough information for us to provide a classification ruling on the oval stone. Please indicate the precise geological identity of the stone (e.g., granite, diorite, limestone, etc.). In addition, please indicate the trade name/brand name and/or the style number of the stone.
Describe the precise manner in which this stone is worked from the moment it is quarried until it is imported. Each operation performed on the rock should be fully described.
If this product consists of agglomerated stone, please describe the precise method of production. Does it consist of crushed or ground natural stone, pieces of natural stone, stone powder, etc. agglomerated with a binding material? Is so, indicate the geological identity of the stone (e.g., limestone, granite, etc.), as well as the identity of the binding material (e.g., plastics resin, cement, etc.). Indicate the percentage of each component by weight and whether or not the components are uniformly agglomerated together throughout the body of the article.
If the product consists of a mineral other than stone combined with a binding material, indicate the precise name of the mineral component and identify the binding material (e.g., plastics resin). What is the percentage of each component by weight?
If the product consists of a synthetic chemical combined with another material, indicate the precise name of the chemical and identify the other material (e.g., plastics). What is the percentage of each component by weight?
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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,
Robert B. Swierupski
Director
National Commodity Specialist Division