The tariff classification of Katavi Intensive Night Cream from South Africa

N258048 October 23, 2014 CLA-2-33:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Carolyn Ann Berman Katavi Botanicals (PTY) Ltd. Geelhoutboom P.O. Box 4027, George East George, Western Province 6530 South Africa RE: The tariff classification of Katavi Intensive Night Cream from South Africa Dear Ms. Berman: In your letter dated October 8, 2014 you requested a tariff classification ruling. The Katavi intensive night cream is marketed under the name Tula Tula. The cream is described as enriched with potent botanicals to help reduce the appearance of environmental aging. The cream contains baobab oil, marula oil, mongongo oil, moringa oil, shea butter, grape seed oil, aloe vera and other ingredients and is packaged in 1.7 fluid ounce (50 ml) bottle. Directions for use state that the cream can be applied to the face and neck and massaged into the skin. The cream is manufactured in South Africa. The applicable subheading for the Katavi Intensive Night Cream 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