CLA-2-33:OT:RR:NC:2:240

Mr. Bob Mariano
Mix Ltd.
19 Copper Woods
Pittsford, NY 14534

RE: The tariff classification of men’s hair care products from New Zealand

Dear Mr. Mariano:

In your letter dated September 30, 2009, you requested a tariff classification ruling. Your inquiry concerns the classification of two products from the Dominate® product line. Pictures, packaging information, and ingredients were included with your ruling request.

Dominate® Rok Waxx is an extra hold hair gel/wax designed for hair styling. The wax creates a wet look styling that stays pliable and will not wash out easily. The product contains petroleum jelly, micro wax, beeswax, lanolin wax, Vitamin E, a variety of oils, synthetic aromatics, iron oxide, colorant, and fragrance.

Dominate® Aqua Waxx is a very light hold, water based, polishing gel/wax designed for defining, polishing, and controlling fly away hair. The product contains deionized water, emollients, moisturizers, manuka oil, synthetic aromatics, preservative, colorant, and fragrance.

Dominate® Rok Waxx and Dominate® Aqua Waxx, packaged for retail sale, are preparations for use on men’s hair.

The applicable subheading for Dominate® Rok Waxx and Dominate® Aqua Waxx will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for use on the hair: 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 Stephanie Joseph at (646) 733-3268.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division