The tariff classification of a kit containing eye cream, night cream and booster serum in a cotton zipper bag from South Africa

N260177 January 13, 2015 CLA-2-33:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Carolyn Ann Berman Katavi Botanicals (PTY) Ltd. Crabbetpark Farm Geelhoutboom P.O. Box 4027, George East George, Western Province 6530 South Africa RE: The tariff classification of a kit containing eye cream, night cream and booster serum in a cotton zipper bag from South Africa Dear Ms. Berman: In your letter dated December 13, 2014 you requested a tariff classification ruling. The kit contains Katavi’s Tiisa eye cream, Katavi’s Tula Tula intensive night cream, and Katavi’s Kigelia booster serum. The eye cream is in a full size 15 ml bottle, the night cream is in a full size 50 ml bottle and the facial serum is in a sample sized 15 ml bottle. The three products will be packaged in their boxes and then placed in a handmade cotton bag with a zipper closure. The outer shell of the bag is cotton, and the lining is poly cotton. The kit will be described as the Katavi Discovery Collection (no color no size). The eye cream, the night cream, the booster serum and the cotton bag are manufactured in South Africa. The applicable subheading for the Katavi Discovery Collection (no color, no size) 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