The tariff classification of De Sheli Diamond Treasures Products from Israel

N246338 October 24, 2013 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3304.99.5000; 3401.30.5000 Ms. Svetlana Fomenko 249 Coleridge Street Brooklyn, NY 11235 RE: The tariff classification of De Sheli Diamond Treasures Products from Israel Dear Ms. Fomenko: In your letter dated September 5, 2013, you requested a tariff classification ruling on behalf of your client PF Invest Company. Samples were submitted with your inquiry and are being returned as requested. Your inquiry pertains to five products of the DeSheli Diamond Treasures skin care line. The Skin Feed Moistreatment Mask, packaged in a retail tube, provides nourishment to the skin. The Emulsion Gel, packaged in a retail tube, maintains the skin’s moisture level. The Detox Mask, packaged in a retail tube, exfoliates, detoxifies, and tightens the appearance of pores. The applicable subheading for the De Sheli Diamond Treasures Skin Feed Moistreatment Mask, Emulsion Gel, and Detox Mask 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. The Gently and Deeply Facial Scrub, packaged in a retail tube, deep cleanses oil and dead skin cells from the skin. The Facial Mousse Cleanser, packaged in a retail pump bottle, removes impurities from the skin. The applicable subheading for the De Sheli Diamond Treasures Gently and Deeply Facial Scrub and Facial Mousse Cleanser will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: 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. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division