The tariff classification of Face and Skin Care Products from Spain

N290521 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 Gel Premium Vivita Aloe Gel of Aloe Vera with cold-heat effect Vivita Aloe Hand Gel Vivita Aloe Vera 99 Pure Gel Vivita Aloe Vera Shower Gel Vivita Aloe Gel Premium is indicated to be formulated to soften, hydrate and give shine to skin. Vivita Aloe Gel of Aloe Vera with cold-heat effect is indicated to be formulated with (in part) menthol, alcohol. Camphor, to provide relaxation and relief from discomfort due to fatique or sprots activities. Vivita Aloe Vera Hand Gel is indicated to be “the perfect care for your hands.” Literature states it “cleanses, softens and moisturizes your skin.” Your submission describes the “Hand Gel” as a liquid, retail-ready product, intended to clean the skin.  This product is a preparation, containing a surface-active agent and other substances. Vivita Aloe 99 Pure Gel is indicated to be a “unique product formulated with more than 99% of Aloe Vera pulp of the Canary Islands.” It is inidicated to be for moisturizing, and soothing the skin. Vivita Aloe Shower Gel is indicated in product literature to be: “Formulated with a more than 99% of Aloe Vera Pulp of the Canary Islands.” It is inidicated to be for moisturizing and soothing the skin. The applicable subheading for the Vivita Aloe Gel Premium, Vivita Aloe Gel of Aloe Vera with cold-heat effect, Vivita Aloe Vera 99 Pure Gel, and Vivita Aloe Vera Shower Gel 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 “Hand Gel” 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