The tariff classification of a Revitalizing Facial Mask from Taiwan

NY L89348 February 1, 2006 CLA-2-33:RR:NC:2:240 L89348 CATEGORY: Classification TARIFF NO.: 3307.90.0000 Mr. Ted Conlon Fourstar Group Inc. 63 South Street, Ste 190 Hopkinton, MA 01748 RE: The tariff classification of a Revitalizing Facial Mask from Taiwan Dear Mr. Conlon: In your letter dated January 5, 2006 you requested a tariff classification ruling. In addition, you requested information regarding antidumping duties. A sample was submitted with you ruling request for review and will not be returned.  The item, packaged for retail sale, contains one nonwoven fabric facial mask with cutouts for the eyes, nose and mouth. The nonwoven fabric is impregnated with a formulated mixture (preparation) composed of sodium hyaluronate, trehalose, DMDM Hydantoin / Iodopropynyl butylcarbamate, dipotassium glycyrrhizinate, propylene glycol, xanthan gum, purified water, glycerin, hydroxy ethyl cellulose, PEG-40 hydrogenated castor oil and perfume. The item is placed over the face to moisturize the skin. The applicable subheading for the Revitalizing Facial Mask will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for perfumery, cosmetic or toilet preparations, not elsewhere specified or included. The duty rate will be 5.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130. The facial mask from Taiwan is not subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by The Bureau of Customs and Border Protection. 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 Stephanie Joseph at 646-733-3268. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division