CLA-2-33:OT:RR:NC:N3:140
Mr. Frank Robison
Robison Law LLC
2043 Buchanan Point
Lafayette CO 80026
RE: The tariff classification of Khiron Kuida CBD Facial and Body Scrub from Colombia.
Dear Mr. Robison:
In your letter dated August 19, 2019, you requested a tariff classification ruling on behalf of your client, DBAT Logistics, LLC.
The subject product is indicated to be used as a facial and body scrub. It is stated to be a cosmetic product for cleansing, repairing, and moisturizing the skin. Artwork provided for the products packaging indicates ingredients as:
Ingredients: Water, glycerin, cetearyl alcohol, caprylic/capric triglyceride, dimethicone, Prunus armeniaca seed powder, stearyl alcohol,behentrimonium methosulfate, cetyl alcohol, propanediol, cannabidiol, fragrance, Anadenanthera colubrina bark extract, magnolol, honokiol.
Additional information you provided states that the “Products are intended to be rubbed or sprayed on the human body for cleansing and beautifying.” The products do not contain soap.
Product labeling includes the following description of use, and benefits of the product.
“An innovative technology taking advantage of the synergy between cannbidiol and other ingredients, specially selected for their skin care properties. Feel and look younger through our CBDERM technology.” Directions indicate (in-part) to:
“Apply 1-3 times per week focusing on select areas of the face and body (knees, elbows, anywhere with increased dryness) using soft circular massaging motions.”
The ingredients are mixed, dry blended and dispersed in an oil phase or other appropriate matrix to form a liquid or a lotion in the finished form. You state that all manufacturing is performed in Colombia. Product ingredients are sourced from several different source countries. Processing in Colombia includes combining the ingredients, mixing until a homogeneous preparation is obtained and may involve heating. No single active ingredient constitutes the essential character as the cleansing, moisturizing, beautifying, and other skin care benefits come from multiple ingredients individually, and in combination.
Labeling also indicates the product ingredients are “specially selected for their skin care properties”.
The applicable subheading for the Khiron Kuida CBD Facial and Body Scrub 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 general rate of duty will be free.
You also requested a review of the Country of Origin for marking purposes of the product.
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 United States the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), mandates that the ultimate purchaser in the United States must be able to find the marking easily and read it without strain.
"Country of origin" is defined in section 134.1(b), Customs Regulations, as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of this part. A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use that differs from the original material subjected to the process.
Based on the ingredients, processing and manufacturing cited in the documents provided, we agree that the Country of Origin for the CBD Facial and Body Scrub is Colombia.
The proposed marking "Made in Colombia", as described above, meets the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported CBP Facial and Body Scrub.
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.
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 the 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