CLA-2-33:OT:RR:NC:2:240
Ms. Svetlana Fomenko
249 Coleridge Street
Brooklyn, NY 11235
RE: The tariff classification of the DeSheli Diamond Treasures Skin Glory Series from Israel
Dear Ms. Fomenko:
In your letter dated August 15, 2013 and received August 21, 2013, you requested a tariff classification ruling on behalf of your client PF Invest Company. Samples of five products were submitted with your inquiry for review, and are being returned as requested.
DeSheli Diamond Treasures Skin Glory Ultra Moist Shower Lotion, sold in a retail bottle, is skin cleanser for use in the shower. DeSheli Diamond Treasures Skin Glory Neck & Décolleté Rich Cream, packaged in a 1.7 oz. retail jar, is skin moisturizer specifically targeting the neck.
DeSheli Diamond Treasures Skin Glory Crushed Dead Sea Salt Minerals, sold in a 10.5 oz. jar, is used in the bath water to soften the skin. DeSheli Diamond Treasures Skin Glory Deep-Softening Body Butter, put up in an 8.4 oz. retail jar, is marketed as a skin moisturizer. DeSheli Diamond Treasures Skin Glory Absolute Refinement Rice & Rose Scrub, packed in an 8.4 oz. retail jar, is a facial scrub, which removes dead skin cells, as well as softens and improves skin texture.
The applicable subheading for the DeSheli Diamond Treasures Skin Glory Neck & Décolleté Rich Cream, DeSheli Diamond Treasures Skin Glory Deep-Softening Body Butter, and DeSheli Diamond Treasures Skin Glory Absolute Refinement Rice & Rose Scrub 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. The rate of duty will be free.
The applicable subheading for the DeSheli Diamond Treasures Skin Glory Crushed Dead Sea Salt Minerals will be 3307.30.1000, HTSUS, which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Perfumed bath salts and other bath preparations: Bath salts, whether or not perfumed. The rate of duty will be 5.8 percent ad valorem.
The applicable subheading for the DeSheli Diamond Treasures Skin Glory Ultra Moist Shower Lotion will be 3401.30.5000, HTSUS, which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: 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, 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.
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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division