CLA-2-33:OT:RR:NC:N3:140
Michael Wagner
Croma-Pharma GmbH
Industriezeile 6,
Leobendorf 2100
Austria
RE: The tariff classification of Saypha MagIQ from Austria
Dear Mr. Wagner:
In your letter dated November 25, 2025, you requested a tariff classification ruling on behalf of your client,
Obagi Cosmeceuticals LLC.
Saypha MagIQ is a dermal implant for aesthetic use. You describe the product as a sterile, biodegradable,
non-pyrogenic, viscoelastic, clear, colorless, homogeneous gel implant consisting of hyaluronic acid
formulated to a concentration of 23 mg/mL with 0.3% w/w lidocaine in a physiologic buffer. You state that
the implantable gel is filled in a Luer-Lock glass syringe and is indicated for the correction of facial wrinkles
and creases, moderate to severe nasolabial folds, and the enhancement of lip volume. The product is
packaged for retail sale in a blister containing the pre-filled syringe with two individually packaged needles
and a colorful printed foldable cardboard box with instruction text. You state that illustrative literature,
sketches, and photographs of the imported product are currently unavailable.
The applicable subheading for the Saypha MagIQ, 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.
The duties cited above are current as of this ruling’s issuance. 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
at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are
administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and
Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by
visiting the website at www.fda.gov.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Merari Ortiz at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division