CLA-2-33:OT:RR:NC:N3:140
Mr. Derek Halle
LUSH Manufacturing Ltd
Unit H, Poole, BH17 0HL
United Kingdom
RE: The tariff classification of 4:20 PM - Bath Bomb from United Kingdom
Dear Mr. Halle:
In your letter dated September 02, 2021, you requested a tariff classification ruling.
You requested a review of the classification and labelling requirements for a product that you call the 4:20 PM 'Bath Bomb' containing CBD oil. You state that these bath bombs are sold “naked”, without any label on the product itself. When sold the product is bagged, and a label is attached to the paper wrapping. Literature on the website that you provided indicates that:
“This product contains cannabidiol, commonly known as CBD oil, for its non-intoxicating relaxing qualities. The raw material is made of 10% CBD mixed with 90% Hemp Oil. This in turn is used at a percentage that provides 25mg of CBD per 200g item.”
The image that you provided shows a pink and green ball with the number 4:20 etched into the top of the product. It is indicated to be a hand pressed product with an average weight 200 grams per ball. The description you provided states to “gently place into warm bath water to provide an immersive aromatherapeutic bath time.”
The product is stated to contain: Sodium Bicarbonate, Citric Acid, Perfume, Patchouli Oil (Pogostemon cablin), Pimento Berry Oil (Pimenta officinalis), Petitgrain Oil (Citrus aurantium amara), Ginger Oil (Zingiber officinale), Sandalwood Oil (Santalum austrocaledonicum vieill), Celery Seed Oil (Apium graveolens), Cade Oil (Juniperus oxycedrus), Almond Oil (Prunus dulcis), Cannabidiol in Hemp Seed Oil (Cannabis sativa), Cream of Tartar (Potassium bitartrate), Water (Aqua), Gardenia Extract (Gardenia jasminoides), Titanium Dioxide, Talc, Sodium Coco Sulfate, Cocamidopropyl Betaine, Dipropylene Glycol, Synthetic Fluorphlogopite, Tin Oxide, AlphaIsomethyl Ionone, Eugenol, Limonene, Linalool, Chlorophyllin (CI 75810), Colour 45410:2, Colour 42090, Colour 17200, Colour 15850:1, and Colour 77491.
The applicable subheading for the 4:20 PM - Bath Bomb containing CBD Oil will be 3307.30.1000, (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.
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.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. The purpose of the marking statute was stated by the Court of Customs and Patent Appeals in United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940) as to permit the ultimate purchaser, "by knowing where the goods were produced, [to] be able to buy or refuse to buy them, if such marking should influence his will." Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the Bath Bombs is the consumer who purchases the product at retail.
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. It is our opinion, as these products are imported without country of origin marking, that the marking is insufficient and does not meet the marking requirements as stated above.
Additionally, there may be specific product labeling requirements as stipulated by FDA regulations.
You can find more specific information on the FDA website below.
https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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). Reed diffusers may be subject to these regulations. Questions regarding FDA requirements should be addressed to the U.S. FDA, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number 888-723-3366, 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 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