The tariff classification of Glacier Cooling Gel from Switzerland

N257542 October 17, 2014 CLA-2-:33:OT:RR:NC:N4:414 Category: Classification Tariff NO.: 3304.99.5000 Mr. Franco Grutti Weiss-Rohlig USA LLC 46 Arlington Street Chelsea, MA 02150 RE: The tariff classification of Glacier Cooling Gel from Switzerland Dear Mr. Grutti: In your letter dated September 4, 2014 you request a tariff classification ruling on Glacier Cooling Gel on behalf of Aquapresen Cometiks USA Inc. A 6.76 fluid ounce bottle of Glacier Cooling Gel was furnished with your letter and will be retained by this office. Glacier Cooling Gel is a natural cooling gel. Activated water is the basis for this product. Your letter states that the Glacier Cooling Gel is intended to cool and refresh tired and strained parts of the body, particularly bruises and sprains. The directions on the bottle indicate that the gel is to be applied lightly, without massaging, to bruises and sprains. It is stated that the gel has an immediate cooling effect and promotes wellbeing. The applicable subheading for the Glacier Cooling Gel 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 Bruch Parkway, College Park, MD 20740-3835, telephone number 888-723-3366, 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