The tariff classification of men’s hair care products from New Zealand

N079343 October 26, 2009 CLA-2-33:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3305.90.0000 Mr. Bob Mariano Mix Ltd. 19 Copper Woods Pittsford, NY 14534 RE: The tariff classification of men’s hair care products from New Zealand Dear Mr. Mariano: In your letter dated October 7, 2009, you requested a tariff classification ruling. Your inquiry concerns the classification of two products from the Dominate® product line. Pictures and ingredient statements were included with your ruling request for review. Dominate® Toffee is a strong hold hair gel/wax containing caffeine to stimulate hair growth. The product also contains water, emulsifiers, emollients, polymers, beeswax, Vitamin E acetate, petroleum jelly, carnauba wax, preservatives and a colorant. Dominate® Fiber is a strong hold gel/wax designed to add volume and body to the hair and giving a texturing effect and a matte finish. The product contains water, emollients, emulsifiers, mineral oil, beeswax, moisturizers, polymers, preservatives, a colorant and a fragrance. Dominate® Toffee and Dominate® Fiber, packaged for retail sale, are preparations for use on men’s hair.  The applicable subheading for Dominate® Toffee and Dominate® Fiber will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for use on the hair. The rate of duty will be free. 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 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. 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