The tariff classification of Solid Makeup Powder, Makeup Corrector Powder, Translucent Powder, and Ph Balancer from Mexico

N239768 April 15, 2013 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3304.91.0050; 3304.99.5000 Adrian Altamirano Cantu Av. Paseo de los Leones #2305 Cumbres 2do sector Monterrey, Nuevo Leon, Mexico Zip Code 2305 RE: The tariff classification of Solid Makeup Powder, Makeup Corrector Powder, Translucent Powder, and Ph Balancer from Mexico Dear Mr. Cantu: In your letter dated March 19, 2013 you requested a tariff classification ruling. Samples were submitted with your inquiry and are being returned as requested. The Solid Makeup Powder is marketed for use on the skin to provide waterproof coverage and sunlight protection. The Makeup Corrector Powder is applied to even out skin tone. The Translucent Powder is for eliminating glare and providing shade to makeup. The Ph Balancer is a cosmetic product used to tone, tighten, and refresh the skin. All products are packaged in retail containers. The applicable subheading for the Solid Makeup Powder, Makeup Corrector Powder, and the Translucent Powder will be 3304.91.0050, 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 suntan preparations; manicure or pedicure preparations: Other: Powders, whether or not compressed: Other. The rate of duty will be free. The applicable subheading for the Ph Balancer 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 of pedicure preparations: Other: Other: Other. The rate of duty will be free. 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. Your samples were not properly marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. 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 Stephanie Joseph (646) 733-3268. Sincerely, Thomas J. Russo Director National Commodity Specialist Division