CLA-2-33:OT:RR:NC:2:240
Ms. Ana Gladys Reyes
Cooperativa de Agua Manantiales de PR (Manacoop)
PO Box 194222
San Juan, Puerto Rico 00919
RE: The tariff classification of Areon Bio Ethereal Oils from Bulgaria
Dear Ms. Reyes:
In your letter dated January 30, 2012, you requested a tariff classification ruling.
Your inquiry pertains to the Areon Bio Ethereal Oil line of essential oils for which you provided a representative sample. The products are composed of 100 percent essential oil and are imported in 10 ml bottles for retail sale. The recommended uses are in aromatherapy, massage, bath, and fragrance applications. The Areon Bio Ethereal Oil line consists of nine fragrances: EO01 Lavender, EO02 Peppermint, EO03 Lemon, EO04 Pine, EO05 Orange, EO06 Basil, EO07 Ylang-Ylang, EO08 Eucalyptus, and EO09 Frankincense.
The applicable subheading for the Areon Bio Ethereal Oil EO01 Lavender will be 3301.29.5118, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Of lavender or lavandin. The rate of duty will be free.
The applicable subheading for the Areon Bio Ethereal Oil EO02 Peppermint will be 3301.24.0000, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Of peppermint (Mentha piperita). The rate of duty will be 4.2 percent ad valorem.
The applicable subheading for the Areon Bio Ethereal Oil EO03 Lemon will be 3301.13.0000, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils of citrus fruit: Of lemon. The rate of duty will be 3.8 percent ad valorem.
The applicable subheading for the Areon Bio Ethereal Oil EO04 Pine will be 3301.29.5150, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Other. The rate of duty will be free.
The applicable subheading for the Areon Bio Ethereal Oil EO05 Orange will be 3301.12.0000, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils of citrus fruit: Of orange. The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the Areon Bio Ethereal Oil EO06 Basil will be 3301.29.5150, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Other. The rate of duty will be free.
The applicable subheading for the Areon Bio Ethereal Oil Areon Bio Ethereal Oil EO07 Ylang-Ylang will be 3301.29.5143, HTSUS, which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Of ylang ylang or cananga. The rate of duty will be free.
The applicable subheading for the Areon Bio Ethereal Oil EO08 Eucalyptus will be 3301.29.1000, HTSUS which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Of eucalyptus. The rate of duty will be 1.8 percent ad valorem.
The applicable subheading for the Areon Bio Ethereal Oil EO09 Frankincense will be 3301.29.5150, HTSUS which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Essential oils other than those of citrus fruit: Other: Other. 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/.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that the prototype sample submitted with your ruling request was not properly marked with the country of origin. The packaging must be legibly, conspicuously, and permanently marked to show the appropriate country of origin in English.
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,
Thomas J. Russo
Director
National Commodity Specialist Division