The tariff classification of a hand sanitizer with silicone holder from China

N233860 November 6, 2012 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290; 3926.90.9980 Mr. Ted Conlon Fourstar Group USA, Inc. 189 Main St., Suite 31 Milford, MA 01757 RE: The tariff classification of a hand sanitizer with silicone holder from China Dear Mr. Conlon: In your letter dated October 1, 2012, you requested a tariff classification ruling for a hand sanitizer and silicone holder. The hand sanitizer, imported in a one ounce bottle, is a formulated product containing ethyl alcohol, water, and minimal amounts of carbomer, PEG-12 dimethicone, triethanolamine, tocopheryl acetate, acid blue 9, acid yellow 23, and a fragrance. The silicone holder is designed to fit a portable sanitizer bottle.  The holder fits like a frame around the bottle, leaving each of the panels exposed.  The flexible nature of the molded silicone holder allows it to be manipulated to fit onto the bottle.  The holder incorporates a ring or strap on the top to allow it to be attached to another article, such as a belt loop, a purse strap or a backpack.  The holder is available in various styles, from plain designs to character designs. The applicable subheading for the hand sanitizer, if imported separately, will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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. The applicable subheading for the silicone holder, if imported separately, will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other.  The rate of duty will be 5.3 percent ad valorem. Imported together, the hand sanitizer and silicone holder are considered a set for tariff classification purposes. Classification will be in accordance with GRI 3(c), HTSUS, which requires, in part, that the item be classified in the heading which occurs last in numerical order among those that merit equal consideration. Therefore, the applicable subheading will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 per cent ad valorem. 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 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 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 chapter 38, contact National Import Specialist Richard Dunkel at (646) 733-3032. Questions regarding chapter 39 should be directed to National Import Specialist Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division