N245502 N2 Ruling Active

The tariff classification of Color Addiction 21 Piece Beauty Collection from China

Issued September 17, 2013 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3304.30.0000

Headings: 3304

GRI rules applied: GRI 3

Product description

The Color Addiction 21 Piece Beauty Collection contains one nail polish bottle, one lipstick tube, four eye shadow pans containing four separate colors, one eye shadow mirrored compact, an eye shadow brush, and double sided sponge applicator. The eye shadow pans are interchangeable in the mirrored compact. The items are placed inside of a plastic molded tray, packaged in a printed box, and sold for retail sale. The Color Addiction 21 Piece Beauty Collection is a set for tariff classification purposes. Classification will be in accordance with GRI 3c, Harmonized Tariff Schedule of the United States (HTS), which requires, in part, that the item be classified in the heading, which occurs last in numerical order among those that merit equal consideration.

CBP rationale

The applicable subheading for the Color Addiction 21 Piece Beauty Collection will be 3304.30.0000, 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 or pedicure preparations: Manicure or pedicure preparations.

Full text

N245502 September 17, 2013 CLA-2-33:OT:RR:NC:N2:240 CATEGORY: Classification TARIFF NO.: 3304.30.0000 Jeanette Arciero CVS On-Site Import Client Liaison Barthco International, division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of Color Addiction 21 Piece Beauty Collection from China Dear Ms. Arciero: In your letter dated August 15, 2013, you requested a tariff classification ruling of Color Addiction 21 Piece Beauty Collection. A sample of the item was submitted with your letter for review and is being returned as requested. The Color Addiction 21 Piece Beauty Collection contains one nail polish bottle, one lipstick tube, four eye shadow pans containing four separate colors, one eye shadow mirrored compact, an eye shadow brush, and double sided sponge applicator. The eye shadow pans are interchangeable in the mirrored compact. The items are placed inside of a plastic molded tray, packaged in a printed box, and sold for retail sale. The Color Addiction 21 Piece Beauty Collection is a set for tariff classification purposes. Classification will be in accordance with GRI 3c, Harmonized Tariff Schedule of the United States (HTS), which requires, in part, that the item be classified in the heading, which occurs last in numerical order among those that merit equal consideration. The applicable subheading for the Color Addiction 21 Piece Beauty Collection will be 3304.30.0000, 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 or pedicure preparations: Manicure or pedicure preparations. 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. 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, Myles B. Harmon Acting Director National Commodity Specialist Division

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