CLA-2-33:OT:RR:NC:2:240
Svetlana Fomenko
249 Coleridge Street
Brooklyn, NY 11235
RE: The tariff classification of DeSheli Crystal Youth Anti Age skin care products from Israel
Dear Ms. Fomenko:
In your letter dated June 17, 2013, you requested a tariff classification ruling for several skin care products. Samples were submitted with your inquiry, and will be returned as requested.
Your inquiry pertains to five products of the DeSheli Crystal Youth Anti Age skin care line. The Firming Anti-Cellulite Gel, packaged in a retail tube, is marketed as a moisturizing product designed to reduce the appearance of cellulite. The Delicate Scrub is a facial cleanser/exfoliator put up in a tube for retail sale. Phyto Night Cream, packaged in a small jar, is a facial moisturizer. Phyto Tonic, put up in a retail bottle, is indicated for use in reducing the appearance of facial pores and to maintain the skin’s moisture levels. Collagen Serum, imported in a glass bottle, is marketed as a skin care product to repair and regenerate the skin.
Your samples were not properly marked with the country of origin. 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 skin care samples are not properly marked with the ingredients. Cosmetics and skin care product imported into the U.S. must indicate all the ingredients on the packaging. 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 applicable subheading for the DeSheli Crystal Youth Anti Age Firming Anti-Cellulite Gel, Delicate Scrub, Phyto Night Cream, Phyto Tonic, and Collagen Serum 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 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/.
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