CLA-2-33:OT:RR:NC:N4:414
Ms. Carolyn Ann Berman
Katavi Botanicals (PTY) Ltd.
Crabbet Park Farm, Geelhoutboom
P.O. Box 4027, George East
George, Western Province 6530
South Africa
RE: The tariff classification of Moisturizing Day Cream from South Africa
Dear Ms. Berman:
In your letter dated October 23, 2014 you requested a tariff classification ruling on Moisturizing Day Cream.
The Moisturizing Day Cream, SKU No. KBM301, will be packaged in 1.7 fluid ounce (50 ml) bottles. It is used to hydrate the skin. It contains various ingredients including baobab oil, marula oil, mongongo oil, moringa oil, and other oils and extracts. The moisturizing day cream help to visibly tighten the skin and to even the skin tone. The directions for use state to apply to the face and neck and massage gently into the skin. The cream is manufactured in South Africa.
The applicable subheading for the Moisturizing Day Cream will be 3304.99.5000, Harmonized Tariff Schedule of the United States (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