The tariff classification and country of origin of Wayla Lotus Ritual Body Serum

N359063 March 23, 2026 CLA-2-29:OT:RR:NC:N3:140 CATEGORY: Classification; Origin TARIFF NO.: 3304.99.5000 Shaun Trapp Wayla Co., LLC 1887 Whitney Mesa Dr #6845 Henderson, NV 89014 RE: The tariff classification and country of origin of Wayla Lotus Ritual Body Serum Dear Mr. Trapp: In your letter dated February 22, 2026, you requested a tariff classification and country of origin determination ruling. The subject product, Wayla Lotus Ritual Body Serum, is packaged for retail sale in a 50 mL plastic bottle. It is described as a an “oil-based leave-on body serum composed primarily of plant-derived oils, and squalane, with minor amounts of antioxidant and botanical skin-conditional agents.” The raw materials used to produce the body serum will be sourced from various countries including England, France, Germany, Japan, Korea, and Morocco. In Thailand, the ingredients will be weighed, mixed, homogenized, cooled, filled into containers and packaged for retail sale. The packaging materials will be sourced from China and Thailand. The applicable subheading for the Wayla Lotus Ritual Body Serum 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. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies. When determining the country of origin, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). The production process in Thailand involving mixing and processing of the ingredients results in a substantial transformation of the raw materials into the body serum. Therefore, the country of origin of the Wayla Lotus Ritual Body Serum will be Thailand. 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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 Merari Ortiz at merari.ortiz@cbp.dhs.gov. Sincerely, (for) James Forkan Designated Official Performing the Duties of the Division Director National Commodity Specialist Division