CLA-2-33:OT:RR:NC:N2:240
Heather Creegan
CVS On-Site Import Client Liason
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of Color Theory Alluring Pink and Purple Makeup Set from China
Dear Ms. Creegan:
In your letter dated July 16, 2012, you requested a tariff classification ruling of Color Theory Alluring Pink and Purple Makeup Set. A sample of the item was submitted with your letter for review and is being returned as requested.
The Color Theory Alluring Pink and Purple makeup set contains one lip gloss tube, one eye shadow pan consisting of five different colors, and one nail polish bottle. The items are placed inside of a plastic molded tray, packaged in a printed box, and sold for retail sale as a set. For Customs purposes, the item is a set.
The applicable subheading for the Color Theory Alluring Pink and Purple makeup set will be 3304.30.000, 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. 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.
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. The country of origin marking is placed on the bottom of the package however, the ingredient listing is on the back panel. The marking is not conspicuous and should be placed in close proximity to the ingredient listing.
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/.
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 (646) 733-3268.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division