The tariff classification of De Sheli Crystal Youth Pro Age Products from Israel

N228355 August 27, 2012 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Svetlana Fomenko 249 Coleridge Street Brooklyn, NY 11235 RE: The tariff classification of De Sheli Crystal Youth Pro Age Products from Israel Dear Fomenko: In your letter dated July 23, 2012, you requested a tariff classification ruling. Samples were submitted with your inquiry and are being returned as requested. The three samples that were submitted from the De Sheli Crystal Youth Pro Age product line are: Cleansing Lotion, Firming Anti-Cellulite Gel, and Active Liposome Gel. All products are packaged in retail containers. The Cleansing Lotion is for use as a makeup remover to rid the skin of impurities and dead skin cells. The Firming Anti-Cellulite Gel is for use as a massage application in order to activate the skin’s defense system and break up fatty deposits. The Active Liposome Gel is for use as a pore minimizer while increasing skin’s elasticity by nourishing and moisturizing the skin. The applicable subheading for the De Sheli Crystal Youth Pro Age products 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 rate of duty will be free. 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. As per the U.S. Food and Drug Administration requirements, the ingredient listing must be indicated on the retail package. 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 888-463-6332, or by visiting their website at: www.fda.gov. Your samples were not properly marked with the country of origin. 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. 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/. 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 (646) 733-3268. Sincerely, Thomas J. Russo Director National Commodity Specialist Division