CLA-2-49:OT:RR:NC:N4: 234
Ms. Christina Yun
MZB Accessories, LLC
29-79 Northern Boulevard, 4th Floor
Long Island City, NY 11101
RE: The tariff classification of Roll-On Body Shimmer from China.
Dear Ms. Yun:
In your letter dated August 27, 2015 you requested a tariff classification ruling. The sample submitted will be returned to you.
The sample submitted is a Monster High Decorate It! “Roll-On Body Shimmer”. The item consists of a 0.67 fl. oz. roll-on body shimmer, imitation gemstones decal sheet and sticker sheet. The paper stickers are lithographically printed with Monster High characters, pictures and wording. The gemstones and stickers are used to decorate the body shimmer bottle.
While all of the components are packaged and sold together, the items are not considered a set for tariff purposes as they do not meet the requirements of a GRI 3(b) set. The items are not put up together to meet one particular need. Therefore, each article will be classified separately.
The applicable subheading for the body shimmer 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 applicable subheading for the imitation gemstones will be 3926.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Imitation gemstones. The rate of duty will be 2.8% ad valorem.
The applicable subheading for the stickers will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other printed matter, including printed pictures and photographs: Other: Other: Other: Printed on paper in whole or in part by a lithographic process. 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 TSUS 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, which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be address to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park MD 20740-3825, 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 Albert Gamble at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division