CLA-2-34:OT:RR:NC:N4:414
Mr. David Prata
OHL International at CVS Pharmacy
Mail Code 1049
1 CVS Dr.
Woonsocket, RI 02895
RE: The tariff classification of liquid hand soaps and shower gels from China
Dear Mr. Prata:
In your letter dated July 2, 2014, on behalf of CVS Pharmacy, you requested a tariff classification ruling on liquid hand soaps and shower gels. Samples of the hand soaps and shower gels were submitted with your request and are being returned as requested.
Item #974760, Peppermint Cleansing Hand Soap, Item #974786, Snowy Apple Cleansing Hand Soap and Item #974788, Vanilla Wishes Cleansing Hand Soap are packaged for retail sale in 10.5 ounce plastic containers shaped like Christmas balls. The bottles have a pump for dispensing the liquid soap. You indicate that the supplier states that the products contain no aromatic or modified aromatic surface-active agents.
Item #974773, Peppermint Shimmering Shower Gel, Item #974787, Snowy Apple Shimmering Shower Gel and Item #974789, Vanilla Wishes Shimmering Shower Gel are packaged for retail sale in 10.5 ounce round plastic containers with decorative screw tops. You indicate that the supplier states that the products contain no aromatic or modified aromatic surface-active agents.
The applicable subheading for Item #974760, Peppermint Cleansing Hand Soap, Item #974786 Snowy Apple Cleansing Hand Soap, Item #974788, Vanilla Wishes Cleansing Hand Soap, Item #974773, Peppermint Shimmering Shower Gel, Item #974787, Snowy Apple Shimmering Shower Gel, and Item #974789, Vanilla Wishes Shimmering Shower Gel 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.
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 (301) 436-1130, or by visiting their website at: www.fda.gov.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that the production samples submitted with your ruling request are not properly marked with the country of origin. The hang tags should show the country of origin, “Made in China”, in the same size and type of lettering as used in the phrase “Not Tested on Animals”, so as to be legibly, conspicuously and permanently marked in accordance with the statute.
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 Barbara Kiefer at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division