The tariff classification of Soft Green Yellow Fruits Body Mist from Brazil

N256388 September 9, 2014 CLA-2-33:OT:RR:NC:N4:414 Category: Classification Tariff NO.: 3304.99.5000 Ms. Karine Gagiryan Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of Soft Green Yellow Fruits Body Mist from Brazil Dear Ms. Gagiryan: In your letter dated August 15, 2014 you requested a tariff classification ruling for Herbalife’s Soft Green Yellow Fruits Body Mist, Formula F2590. This product is a moisturizing botanical blend containing denatured alcohol, cyclopentasiloxane, minimal amounts of glycerin, purified water, and fragrance and a trace amount of other chemicals. The body mist is packaged in a plastic bottle with a plastic hand-operated pump spray dispenser. The bottle contains 130 milliliters. A sample of the product was submitted with your request. The applicable subheading for the Soft Green Yellow Fruits Body Mist, Formula F2590, 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 or pedicure preparations: Other: Other: Other. The rate of duty will be free. 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 (FDA). 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, or by visiting their website at www.fda.gov. 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 Barbara Kiefer at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division