CLA-2-34:OT:RR:NC:2:236
Ms. Troy D. Crago-Edwards
ATICO International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301
RE: The tariff classification of baby active baby bath item U008BA00006, baby active soothing baby bath item U008BA00011, baby active baby wash item U008BA00013 and baby active nitetime baby wash item U008BA00014 from the United Kingdom.
Dear Ms. Crago-Edwards:
In your letter dated April 12, 2010, you requested a tariff classification ruling.
The four samples that you submitted are as follows:
The baby active baby bath item U008BA00006 is added to bath water to create gentle foam. The product is packaged for retail sale in 8 ounce bottles.
The baby active soothing baby bath item U008BA00011 is added to bath water to create gentle foam. This product is packaged for retail sale in 16 ounce bottles.
The baby active baby wash item U008BA00013 is applied to a sponge or washcloth and used to wash the skin. This product is packaged for retail sale in 8 ounce bottles.
The baby active nitetime baby wash item U008BA00014 is applied to a washcloth or sponge and used to wash the skin. The product is packaged for retail sale in 16 ounce bottles.
The applicable subheading for the U008BA00006 and U008BA00011 will be 3307.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for perfumed bath salts and other bath preparations: other. The rate of duty will be 4.9 percent ad valorem.
The applicable subheading for the U008BA00013 and U008BA00014 will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cakes, molded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper; wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap: Other. The rate of duty will be Free.
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. 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.
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/.
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 Debra Wholey at (646) 733-3034.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division