The tariff classification of a “Tattoo Eraser” from Malaysia

N331292 March 31, 2023 CLA-2-33:OT:RR:NC:N3:140 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Donald Stein Greenberg Traurig, LLP 2101 L Street, NW, Suite 1000Washington, DC 20037 RE: The tariff classification of a “Tattoo Eraser” from Malaysia Dear Mr. Stein: In your letter dated March 3, 2023, you requested a tariff classification ruling on behalf of your client, BIC USA Inc. The merchandise under consideration is known as a “Tattoo Eraser” from the Bic “BodyMark” line. The “Tattoo Eraser” contains a specially formulated fluid intended to erase temporary tattoos applied to the skin using BIC’s “Bodymark” Temporary Tattoo Markers. The fluid is contained in a plastic body closely resembling the body of a marker. It is applied through the porous replaceable tip to remove or refine temporary tattoos. The applicable subheading for the “Tattoo Eraser” 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 general rate of duty will be free. 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. 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, please contact National Import Specialist Evan Thomas at evan.b.thomas@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division