The tariff classification of Herbalife’s Liquid Hand Cleaner containing benzalkonium chloride (CAS-8001-54-5), Item #0424 from China

N105320 May 24, 2010 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3401.30.1000 Mr. Karine Gagiryan Herbalife International of America, Inc. 990 E. 190rd Street Torrance, CA 90502 RE: The tariff classification of Herbalife’s Liquid Hand Cleaner containing benzalkonium chloride (CAS-8001-54-5), Item #0424 from China Dear Mr. Gagiryan: In your letter dated May 7, 2010, you requested a tariff classification ruling. Herbalife’s Liquid Hand Cleaner described by you as a “sanitizer” is a moisturizing botanical hand cleaner containing the aromatic surfactant benzalkonium chloride. The product is an alcohol and triclosan free, non flammable liquid that cleans hands when soap and water is not available. The sample that you submitted of the Herbalife’s Liquid Hand Cleaner is in a 1 fluid ounce bottle with a hand operated pump dispenser. The applicable subheading for the Herbalife’s Liquid Hand Cleaner Item #0424 will be 3401.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Containing any aromatic or modified aromatic surface-active agent. The rate of duty will be 4 percent ad valorem. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 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. 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/. 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 Debra Wholey at (646) 733-3034. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division