CLA-2-33:OT:RR:NC:N2:240
Ms. Svetlana Fomenko
249 Coleridge Street
Brooklyn, NY 11235
RE: The tariff classification of De Sheli Diamond Treasures Skin Glory Products from Israel
Dear Ms. Fomenko:
In your letter dated August 15, 2013, you requested a tariff classification ruling on behalf of your client PF Invest Company. Samples were submitted with your request and are being returned as requested.
Your inquiry pertains to five products of the De Sheli Diamond Treasures Skin Glory Products line. The Forever Soft Hand Lotion, packaged in a retail tube, softens and protects the hands. The Forever Soft Foot Cream, packaged in a retail tube, smooths and refreshes the feet. The Cellulite Body Contour Gel is an anti-cellulite product designed to tone and strengthen the skin.
The applicable subheading for the De Sheli Diamond Treasures Forever Soft Hand Lotion, Forever Soft Foot Cream, and Cellulite Body Contour Gel 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.
The Diamond Treasures Skin Glory Cleopatra Oil and Bath Lotion, packaged in a retail bottle, is added to bath water in order to moisturize the skin.
The applicable subheading for the Diamond Treasures Skin Glory Cleopatra Oil and Bath Lotion will be 3307.30.5000, Harmonized Tariff Schedule of the United States (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: Other. The rate of duty will be 4.9 percent ad valorem.
The Diamond Treasures Skin Glory Delicate Secret Intimate Shower Mousse, packaged in a retail bottle, soothes and moisturizes delicate body areas.
The applicable subheading for the Diamond Treasures Skin Glory Delicate Secret Intimate Shower Mousse will be 3401.30.5000, 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.
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. As per the U.S. Food and Drug Administration requirements, the ingredient listing must be indicated on the retail package. 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 (646) 733-3268.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division