CLA-2-33:OT:RR:NC:N1:140

Ms. Debbie Dudzinski
GBG Beauty, LLC
350 5th Avenue 9th Floor
New York, NY 10118

RE: The tariff classification of Hatchimals Jumbo Bath Bomb Surprise from China

Dear Ms. Dudzinski:

In your letter dated October 13, 2017, you requested a tariff classification ruling.

The instant product is Hatchimals Jumbo Bath Bomb Surprise (Style # HZ000HBA29). It is a cherry scented, egg shaped bath “fizzy”. Intructions on the sample we received indictate:

“Place the fizzy into a tubful of warm water and watch the color change.”

Product label and packaging also indicates that it is for “bath use only”. It contains (in part) sodium bicarbonate, sodium sulfate, sodium chloride, citric acid, and assorted colorants and other additives. It is indicated for use by children over three years of age. The product also contain a small low value surprise “charm” which is revealed after the outer shell dissolves in the bath.

The applicable subheading for the Hatchimals Jumbo Bath Bomb Surprise will be 3307.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Perfumed bath salts and other bath preparations: Bath salts, whether or not perfumed.” The rate of duty will be 5.8 percent ad valorem. 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 (FDA). 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 as 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 https://hts.usitc.gov/current.

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 Paul Hodgkiss at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division