The tariff classification of Body Serum from South Africa

N258587 November 18, 2014 CLA-2-33:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Carolyn Ann Berman Katavi Botanicals (PTY) Ltd. Crabbet Park Farm, Geelhoutboom P.O. Box 4027, George East George, Western Province 6530 South Africa RE: The tariff classification of Body Serum from South Africa Dear Ms. Berman: In your letter dated October 23, 2014 you requested a tariff classification ruling on Body Serum. The Body Serum, SKU No. KXAR02, will be packaged in 3.4 fluid ounce (100 ml) bottles. The product is used to rehydrate and firm the skin. It contains various ingredients including glycerine, ximenia oil, orange peel oil, vanilla oil, avocado oil, aloe vera gel and other oils and extracts. The label states that the product is a luxurious anti-aging body serum for all skin types which improves the appearance of mature, sagging skin. The directions for use state that the serum should be massaged daily all over the body. The serum is manufactured in South Africa. The applicable subheading for the Body Serum 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 Bruch Parkway, College Park, MD 20740-3835, telephone number 888-723-3366, 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