The tariff classification of men’s shaving gel from New Zealand. Correction to Ruling Number N073977

N078762 October 8, 2009 CLA-2-33:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3307.10.1000 Mr. Robert Mariano Mariano Marketing Services 19 Copper Woods Pittsford, NY 14534 RE: The tariff classification of men’s shaving gel from New Zealand. Correction to Ruling Number N073977 Dear Mr. Mariano: This replaces Ruling Number N073977, dated September 23, 2009, which contained a mistake of fact. The ruling did not provide an accurate description regarding the alcohol content. A complete corrected ruling follows. In your letter dated August 28, 2009 you requested a tariff classification ruling. The item, described as Primal Earth Shave aloe hydrate, is a low foam organic shaving gel containing aloe vera. The shaving gel is used to protect and lubricate the skin while shaving. The shaving gel, packaged for retail sale in a 175 ml tube, is a shaving preparation which does not contain ethanol. The applicable subheading for the shaving gel will be 3307.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations: Not containing alcohol. The rate of duty will be 4.9 percent ad valorem. 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 http://www.usitc.gov/tata/hts/. Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is 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 (202) 418-3412. 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 Stephanie Joseph at 646-733-3268. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division