CLA-2-33:OT:RR:NC:N3:140
Misty Gibbins
Pacific Customs Brokers Inc.
2150 Peace Portal Dr.
Blaine, WA 98230
RE: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of
Hairmetto Overnight Topical Scalp Oil, Hairmetto Daytime Scalp Serum, and Hairmetto Ecklonia Cava
Styler from Canada.
Dear Ms. Gibbins:
In your letter dated December 18, 2025, you requested a binding ruling on behalf of your client, Hairmetto
Industries LTD.
Your request pertains to three products. The first, Hairmetto Overnight Topical Scalp Oil, is described as a
treatment designed to nourish and condition the scalp, supporting the appearance of thicker, healthier hair.
The second, Hairmetto Daytime Scalp Serum, is described as a leave-in serum designed to hydrate, refresh,
and condition the scalp while supporting the appearance of fuller, healthier hair. The third, Hairmetto
Ecklonia Cava Styler, is described as a styling and conditioning serum designed to provide light flexible hold
while nourishing the scalp and hair. The products will be packaged for retail sale.
You state that all three products will be manufactured in Canada with raw materials sourced from various
countries. In Canada, the ingredients will be weighed and blended according to an internal formulation to
achieve a uniform cosmetic mixture. Once blended, the finished products will be filled into retail-sized
plastic containers, sealed, labelled, packaged, and exported.
Classification:
The applicable subheading for the Hairmetto Overnight Topical Scalp Oil, Hairmetto Daytime Scalp Serum,
and Hairmetto Ecklonia Cava Styler will be 3305.90.0000, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for “Preparations for use on the hair: 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.
USMCA:
The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30,
2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the
USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note ("GN")
11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is
an originating good for purposes of the USMCA. GN 11(b) states:
For the purposes of this note, a good imported into the customs territory of the United States from the
territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential
tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the
tariff schedule as a "good originating in the territory of a USMCA country" only if-
(i) the good is a good wholly obtained or produced entirely in the territory of one or more
USMCA countries;
(ii) the good is a good produced entirely in the territory of one or more USMCA countries,
exclusively from originating materials;
(iii) the good is a good produced entirely in the territory of one or more USMCA countries
using non-originating materials, if the good satisfies all applicable requirements set forth in
this note (including the provisions of subdivision (o));
Since the Hairmetto Overnight Topical Scalp Oil, Hairmetto Daytime Scalp Serum, and Hairmetto Ecklonia
Cava Styler contain non-originating ingredients, they are not considered goods wholly obtained or produced
entirely in a USMCA country under GN 11(b)(i), nor are the products produced exclusively from originating
materials per GN 11(b)(ii). Thus, we must determine whether the products qualify under GN 11(b)(iii). As
previously noted, the Hairmetto Overnight Topical Scalp Oil, Hairmetto Daytime Scalp Serum, and
Hairmetto Ecklonia Cava Styler are classified under subheading 3305.90.0000, HTSUS. The applicable tariff
shift rule in GN 11(o) for products classified under subheading 3305.90, HTSUS, requires a change to
subheadings 3304.10 through 3305.90 from any other subheading, including another subheading within that
group.
Based on the facts provided, the goods described above qualify for USMCA preferential tariff treatment
because they will meet the requirements of HTSUS General Note 11(b)(iii). Accordingly, Hairmetto
Overnight Topical Scalp Oil, Hairmetto Daytime Scalp Serum, and Hairmetto Ecklonia Cava Styler are
eligible for preferential tariff treatment under the USMCA upon compliance with all applicable laws,
regulations, and agreements.
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)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division