The tariff classification of personal care products from Italy

N254949 July 24, 2014 CLA-2-33:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Karine Gagiryan Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of personal care products from Italy Dear Ms. Gagiryan: In your letter dated June 24, 2014 you requested a tariff classification ruling for three of Herbalife’s skin care products. These products are currently manufactured in the United States. They will be imported from Italy in the near future. The Soothing Aloe Cleanser, Sku 0765NA/Formula F2383, is described as an aloe vera-based cleanser that gently removes excess oil, dirt and light makeup from the skin. The Soothing Aloe Cleanser also softens and moisturizes the skin. The product is packaged for retail sale in a white five ounce tube marked “Herbalife SKIN.” The directions for use indicate that this product should be used in the morning and evening. The Polishing Citrus Cleanser, Sku 0766NA/Formula F2379, is described as a scented light gel cleanser and is infused with jojoba beads that help remove impurities and makeup, leaving skin clean and revitalized. The product is packaged for retail sale in a white five fluid ounce tube marked “Herbalife SKIN.” The directions for use indicate that this product should be used in the morning and evening. The Instant Reveal Berry Scrub, Sku 0772NA/Formula F2381, is described as an antioxidant scrub with berry seeds which exfoliates the skin. The product is packaged for retail sale in a white four fluid ounce tube marked “Herbalife SKIN.” The directions for use state that this product should be used one to three times per week, as needed. The applicable subheading for the Soothing Aloe Cleanser, Sku 0765NA/Formula 2383, the Polishing Citrus Cleanser, Sku 0766NA/Formula F2379, and the Instant Reveal Berry Scrub, Sku 0772NA/Formula F2381, 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. 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, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U. S. Food and Drug Administration (FDA). 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, or by visiting their website at www.fda.gov. 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 Barbara Kiefer at barbara.j.kiefer@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division