CLA-2-33:OT:RR:NC:2:240
Mr. Albert Shumov
A&A International Distributors, Inc.
1141 Westfield Way
Mundelein, IL 60060
RE: The tariff classification and marking of Diaultraderm Skin Care Creams from Russia
Dear Mr. Shumov:
In your letter dated January 5, 2010, you requested a tariff classification ruling.
You submitted marketing materials and copies of the front and back panels of four Diaultraderm skin care products. All four products are sold and marketed in 50ml tubes for retail sale. The ingredients and country of origin are not indicated on all of the Diaultraderm products.
Diaultraderm Cream is stated to be a regenerating cream which contributes to the reduction of skin inflammatory processes.
Diaultraderm Aqua is a moisturizing foot cream indicated for softening the skin on the feet.
Diaultraderm Agua 10 is a moisturizing foot cream which activates skin reduction processes.
Diaultraderm Silver is a moisturizing cream indicated for use on dry, sensitive skin.
The applicable subheading for Diaultraderm Aqua and Diaultraderm Agua 10 will be 3304.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up preparations fort the care of skin (other than medicaments) including sunscreen or sun tan preparations; manicure or pedicure preparations: Manicure or pedicure preparations. The rate of duty will be free.
The applicable subheading for Diaultraderm Cream and Diaultraderm Silver will be 3304.99.5000, (HTSUS), which provides for Beauty or make-up preparations fort the care of 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 Federal Food, Drug, and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA) that are administered by the U.S. Food and Drug Administration (FDA). The skincare products are not labeled according to the Federal Food, Drug, and Cosmetic Act, and the Fair Packaging and Labeling Act. Questions regarding FDA requirements may be addressed to 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.
The country of origin is not indicated on the cosmetic tubes. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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.
Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods are the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Section 134.1(d), Customs Regulations, (19 CFR 134.1(d)), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. In this case the ultimate purchaser is the consumer who purchases the product at retail.
In addition, Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign locality other than the name of the country in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality appears. The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.
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