The tariff classification of Face and Skin Care Products from Spain

N290486 October 3, 2017 CLA-2-33;34:OT:RR:NC:N1:240 CATEGORY: Classification TARIFF NO.: 3304.99.5000; 3401.30.5000; Ms. Micki Brandi Chavira CSL Customs Service Express, Inc. 17523 Susana Road, Compton, CA 90221 RE: The tariff classification of Face and Skin Care Products from Spain Dear Ms. Chavira: In your letter dated September 21, 2017, you requested a tariff classification ruling on behalf of Madol Imports, LLC. The subject products are as follows: Vivita Aloe Genesis Facial Cream Vivita Aloe Victoria Facial Cream Vivita Aloe Facial Serum Vivita Aloe Facial Cleanser Vivita Aloe Body Milk Vivita Aloe Genesis Facial Cream is indicated to be formulated with 100% high quality aloe vera from the Canary Islands. It is enriched with Ribosa, Argan and Jojoba. It is indicated for use as a facial skin cream. It is indicated in marketing literature to be an “Anti-Ageing Nutritional Aloe Vera Face Cream.” Vivita Aloe Victoria Facial Cream is indicated to be formulated with 100 % high quality aloe vera, and enriched with Ribose and Karite. It is indicated to be a facial skin cream. It is stated in marketing literature that it “Provides intense moisturisation, protection and energy so your skin stays luminous all day long.” Vivita Aloe Vera Regenerative Anti-Ageing Serum indicated in your submission as “Facial Serum “is indicated to be: “Formulated with Aloe Oleate and a careful selection of plant oils (Argan, Jojoba and Shea) to provide a deep nutritional, firming and wrinkle-smoothing effect. Its active components help with cell regeneration, thickening the epidermis.” Vivita Aloe “Facial Cleanser” literature states: “With a purifying formula that reduces excess sebum while maintaining the natural balance of moisturised skin, thus preventing the face from feeling dry. Deep cleansing of pores to help reduce and prevent impurities. With an ultra-smooth formula that respects the skin's balance.” Product literature indicates also that it is “Ideal for all kinds of skin.” Vivita Aloe “Body Milk” is indicated in product literature to be: “Formulated with a high content of 100% Canary Island aloe vera juice from our organic plantations and enriched with Panthenol. Moisturises, nourishes and regenerates your skin deep down.” The applicable subheading for the Vivita Aloe Genesis Facial Cream, Vivita Aloe Victoria Facial Cream,Vivita Aloe Facial Serum and the Vivita Aloe Body Milk 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 applicable subheading for the Vivita Aloe “Facial 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 general 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 https://hts.usitc.gov/current. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division