The tariff classification of Aquapresen HNO Active Liquid from Switzerland

N257543 October 10, 2014 CLA-2-33:OT:RR:NC:N4:414 Category: Classification Tariff NO.: 3307.90.0000 Mr. Mr. Franco Grutti Weiss-Rohlig USA, LLC 46 Arlington St. Chelsea, MA 02150 RE: The tariff classification of Aquapresen HNO Active Liquid from Switzerland Dear Mr. Grutti: In your letter dated September 8, 2014, you requested a tariff classification ruling on Aquapresen HNO Active Liquid on behalf of Aquapresen Cometiks USA Inc. A 16.9 fluid ounce bottle of HNO Active Liquid was furnished with your request for a ruling and will be retained by this office. Aquapresen HNO Active Liquid contains water, activated water and salt. It has a pH value of 8. According to your letter, the product is a specially made mixture for the sensitive areas of the ears, the nose and the mouth and throat and has a cleansing effect. The instructions for use indicate that when used for cleansing the ears or the nose, the liquid is sprayed into the ears or nose using an atomizer. When used for cleansing the mouth and throat, the liquid is gargled for 30 seconds and is not swallowed. You suggest classification of Aquapresen HNO Active Liquid under subheading 3306.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations for oral or dental hygiene. This product is not classifiable under subheading 3306.90.0000 because it is not solely used for oral or dental hygiene. It is used for cleansing the ears, the nose and the mouth and throat. The applicable subheading for the Aquapresen HNO Active Liquid will be 3307.90.0000, HTSUS, which provides for Other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; Other. The rate of duty will be 5.4 percent ad valorem. 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