The tariff classification of formulated cosmetic additives from France

N104435 May 17, 2010 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Ms. Mary Jo Smith Croda Inc. 8 Croda Way Mill Hall, PA 17751 RE: The tariff classification of formulated cosmetic additives from France Dear Ms. Smith: In your letter dated May 4, 2010, you requested a tariff classification ruling concerning four cosmetic additives. Article No. NA22301, referred to as Fruitliquid Blueberry, Article No. NA22031, referred to as Crodarom Red Bush, and Article No. NA21860, referred to as Phytessence Cimicifuga, are formulations of plant extracts in a solvent with preservatives. Article No. NA22261, referred to as Crodarom Black Pearl is a formulation of a mineral extract in a solvent with preservatives. The products are formulated additives which will be incorporated into the manufacture of cosmetic products. The cosmetic additives are mixtures of chemicals and natural products which do not contain any aromatic substances. You also state that the products may be used in the manufacture of home care products such as air fresheners and cleaners. The applicable subheading will be 3924.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem. 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 http://www.usitc.gov/tata/hts/. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), 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. 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 Richard Dunkel at (646) 733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division