CLA-2-38:OT:RR:NC:N3:139
Mr. Ramon F. Patlan
Jori Logistics LLC
15355 Vantage Parkway West
Houston, TX 77032
RE: The tariff classification of the Onyfix Nail Correction System from Germany
Dear Mr. Patlan:
In your letter dated October 3, 2022, you requested a tariff classification ruling on behalf of your client Beauty Garden CA. Additional information was provided via email on October 5, 2022.
The item in question is called the Onyfix Nail Correction System, and is used in the treatment of curved and ingrown toenails. The Onyfix Nail Correction System consists of three substances identified as “Onyfix Primer,” “Onyfix Soft,” and “Onyfix Hard.” It also contains a metal spatula, disposable plastic cannula heads, cotton applicators, and a LED blue light to polymerize the composite after it has been applied to the toenail. You indicate that the Onyfix Nail Correction System is intended to be used by trained professionals such as physicians, medical professionals, and esthetic nail technicians and that representatives of Beauty Garden CA would be providing such training.
You propose classification of the Onyfix Nail Correction System in subheading 3304.30, 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: Manicure or pedicure preparations. We disagree.
Chapter Note 3 to Chapter 33 of the HTSUS states: Headings 3303 to 3307 apply, inter alia, to products, whether or not mixed (other than aqueous distillates and aqueous solutions of essential oils), suitable for use as goods of these headings and put up in packings of a kind sold by retail for such use. The Onyfix Nail Correction System will be distributed on a limited basis to a select audience who would appear to need training on its proper application. Also, the Explanatory Notes (ENs) to the HTSUS for subheading 3304.30 state that “This part covers nail polishes, nail varnishes, nail varnish removers, cuticle removers and other preparations for use in manicure or pedicure.” As the Onyfix Nail Correction System is indicated to treat various toenail conditions in preparation for a pedicure, it cannot be classified under this subheading provision.
The applicable subheading for the Onyfix Nail Correction System will be 3824.99.9397, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products
and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by e-mail to: [email protected] or by visiting their website at www.epa.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 the World Wide Web at https://hts.usitc.gov/current.
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 John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division