The tariff classification of Cody V Slimming Cream from South Korea

N303799 April 17, 2019 CLA-2-33:OT:RR:NC:N3:140 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Mr. Jeffrey W. Smith Universal Logistics Solutions International Inc. 2781 W Jefferson Ave Detroit, MI 48216 RE: The tariff classification of Cody V Slimming Cream from South Korea Dear Mr. Smith: In your letter dated April, 04, 2019, you requested a tariff classification ruling on behalf of Nova Shipping. The subject product is called Cody V Slimming Cream. It is a skin care cream which is indicted (in part) for the reduction of wrinkles and the care of the skin. Literature you submitted indicates that the cream assists in wrinkle reduction via subcutaneous fat reduction, visceral fat reduction, wrinkle removal and other related skin care functions. Additional indications are that it contains “peptide ingredients” that penetrate the skin…resulting in firm skin. It is said to accomplish this, in part, via skin exfoliation, “managing large facial pores”, minimizing pores, removing blackheads, intensive nutrition, moisturizing and improval of skin elasticity. It is applied via massaging into the skin. Several other skincare benefits are also claimed in the literature you provided. The applicable subheading for the Cody V Slimming Cream 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): Other: Other: Other… The rate of duty will be free. You also requested information on the applicability, and FDA treatment of the product. You specifically asked about NDC “code” pertaining to FDA regulations. Information on NDC codes and requirements may be found at: https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/DrugRegistrationandListing/ucm078801.htm You may also contact FDA regarding labeling and NDC Code requirements at: U.S. Food and Drug Administration10903 New Hampshire AvenueSilver Spring, MD 209931-888-INFO-FDA (1-888-463-6332) This merchandise may also 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 also be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 the World Wide Web at https://hts.usitc.gov/current. 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