CLA-2-33:OT:RR:NC:N2:240
Ms. Svetlana Fomenko
249 Coleridge Street
Brooklyn, NY 11235
RE: The tariff classification of the De Sheli Cosmetics Diamond Treasures Men Gear 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 of the De Sheli Cosmetics Diamond Treasures Men Gear Series were submitted with your inquiry for review, and are being returned as requested.
The Men Gear Private Arsenal Power Facial Wash, packaged in a 6.76 oz. bottle, is marketed for use as a facial cleanser. The Men Gear Private Arsenal Men Complete Control Hair Roots Force Shampoo, packaged in an 8.4 bottle, is sold at retail for use as a shampoo to aid in protecting the hair against breakage. The Men Freeze Contour Eye Gel, sold at retail in a 1.7 oz. jar, is for use around the eyes as an anti-wrinkle gel. The Men Gear Private Arsenal Men Complete Energize Hair & Body Douche, packaged in an 8.4 oz. retail bottle, is a dual use product for use as a body cleanser and a hair shampoo. The Men M2 Cream Masculine Moisturizer, sold at retail in a 1.7 oz. jar, is marketed as a facial moisturizer for men.
The applicable subheading for the Men Gear Private Arsenal Power Facial Wash and the Men Gear Private Arsenal Men Complete Energize Hair & Body Douche will be 340130.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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.
The applicable subheading for the Men Gear Private Arsenal Men Complete Control Hair Roots Force Shampoo will be 3305.10.0000, HTSUS, which provides for Preparations for use on the hair: Shampoo. The rate of duty will be free.
The applicable subheading for the Men Freeze Contour Eye Gel and the Men M2 Cream Masculine Moisturizer will be 3304.99.5000, 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/.
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