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N320015 N3 Ruling Active

The tariff classification of three facial masks from South Korea

Issued June 24, 2021 by U.S. Customs and Border Protection.

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N3 N320015 (June 24, 2021)

Tariff classification

HTS codes: 3304.99.5000

Headings: 3304

Product description

The subject products consist of the three facial skin masks described below. 1)F4454 Vitamin Mask Moisturizing, 2)F4456 Vitamin Derma Mask Firming, and 3)F4457 Vitamin Mask Brightening. F4454 Vitamin Mask Moisturizing is stated to be used for moisturizing normal, dry, or dehydrated skin. You indicate that product F4454, also called the Herbalife Nutrition Moisturizing Vitamin Mask, and Herbalife Vitamin Moisturizing Mask in your documents, is packed with essence containing a vitamin complex, Aloe Vera, and a proprietary blend of various extracts, chemicals, and fragrances. F4456 Vita Derma Mask Firming is stated to be for normal to dry skin. You indicate that the Derma Firming Mask, also called Herbalife Nutrition Vita Derma Firming Mask and Herbalife Vitamin Firming Mask in your documents, is a serum-rich mask, containing a vitamin complex, Aloe Vera, and a proprietary blend various moisturizers, chemicals, and other nutrients. It is made with ultra-fine microfiber. F4457 Vitamin Mask Brightening is indicated to be used for “normal, dry, or dull skin that needs extra boost of radiance.” It is also called the Herbalife Nutrition Brightening Vitamin Mask and Herbalife Vitamin Brightening Mask in your documents. It is enriched with (in-part) essence containing a vitamin complex, Aloe Vera, and a proprietary blend of various chemicals and nutrients. It is used for skin radiance and nourishment.

CBP rationale

The applicable subheading for the three facial masks described above will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations: Other: Other: Other.

Full text

N320015 June 24, 2021 CLA-2-33:OT:RR:NC:N3:140 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Ms. Karine Gagiryan Herbalife Int. of America Inc. 950 West 190th Street Torrance, California 90502 RE: The tariff classification of three facial masks from South Korea Dear Ms. Gagiryan: In your letter dated June 14, 2021, you requested a tariff classification ruling. The subject products consist of the three facial skin masks described below. 1)F4454 Vitamin Mask Moisturizing, 2)F4456 Vitamin Derma Mask Firming, and 3)F4457 Vitamin Mask Brightening. F4454 Vitamin Mask Moisturizing is stated to be used for moisturizing normal, dry, or dehydrated skin. You indicate that product F4454, also called the Herbalife Nutrition Moisturizing Vitamin Mask, and Herbalife Vitamin Moisturizing Mask in your documents, is packed with essence containing a vitamin complex, Aloe Vera, and a proprietary blend of various extracts, chemicals, and fragrances. F4456 Vita Derma Mask Firming is stated to be for normal to dry skin. You indicate that the Derma Firming Mask, also called Herbalife Nutrition Vita Derma Firming Mask and Herbalife Vitamin Firming Mask in your documents, is a serum-rich mask, containing a vitamin complex, Aloe Vera, and a proprietary blend various moisturizers, chemicals, and other nutrients. It is made with ultra-fine microfiber. F4457 Vitamin Mask Brightening is indicated to be used for “normal, dry, or dull skin that needs extra boost of radiance.” It is also called the Herbalife Nutrition Brightening Vitamin Mask and Herbalife Vitamin Brightening Mask in your documents. It is enriched with (in-part) essence containing a vitamin complex, Aloe Vera, and a proprietary blend of various chemicals and nutrients. It is used for skin radiance and nourishment. The applicable subheading for the three facial masks described above will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan 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 the World Wide Web at https://hts.usitc.gov/current. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, 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 Paul Hodgkiss at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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