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

Mr. Robert L. Butler
Bert Distributing LLC.
DBA PrimeShield US
6315 Tamarack Trail
Cumming, GA 30040

RE: The tariff classification of PrimeShield Wet and GrimeErase from the United Kingdom

Dear Mr. Butler:

In your letter dated June 1, 2013, you requested a tariff classification ruling.

PrimeShield Wet is marketed as a barrier liquid designed to protect hands from grease, dirt, oil, and other chemicals in a working environment. The product provides waterproof protection for the hands when working in damp or wet conditions. PrimeShield Wet is packaged and sold in retail bottles.

You describe GrimeErase as a product used for water-less hand cleaning, and the removal of dirt, grease, and grime. The provided list of ingredients indicates that this product does not contain any surface –active agents. GrimeErase is packaged and sold in retail bottles.

The applicable subheading for the PrimeShield Wet 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 of pedicure preparations: Other: Other: Other. The rate of duty will be free.

The applicable subheading for the GrimeErase will be 3402.90.5030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Cleaning preparations. The rate of duty will be 3.7 percent ad valorem.

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.

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 at (646) 733-3268.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division