CLA-2-33:OT:RR:NC:2:240
Ms. Elizabeth Yvrot
Arganavita Inc.
3001 Bridgeway Blvd.
Ste K, #192
Sausalito, CA 94965
RE: The tariff classification of Argan oil, Lava clay, and Dried roses from Morocco
Dear Ms Yvrot:
In your letter dated March 15, 2011, you requested a tariff classification ruling.
Your inquiry pertains to three products: argan oil, lava clay, and dried roses. The argan oil will be used for skin care purposes. The lava clay is to be used as a skin exfoliant. The dried roses are used for decorative purposes. You state that the products will be imported in bulk.
Lava clay, also known as Rhassoul or Moroccan Lava, is a natural clay composed mainly of clay mineral montmorillonite (bentonite) formed from volcanic ash. You have requested classification for the lava clay in subheading 3304.99.5000, HTSUS, which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments). Beauty, make-up, or skin care preparations, composed of a single component and imported in retail packages with labels or literature to indicate the use as beauty, make-up, or skin care preparations, are classifiable in heading 3304, HTSUS. Single components imported in bulk, i.e. packed in drums or containers, are not classifiable in heading 3304, but rather in the appropriate heading for the bulk product.
The applicable subheading for Lava clay, also known as Rhassoul or Moroccan Lava, is 2508.10.000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Bentonite. The rate of duty is free.
The dried roses will be used for decorative purposes. Your inquiry requests classification of the dried roses in subheading 3307.49.0000, HTSUS, which provides for Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The dried roses are not used for perfuming or deodorizing rooms; therefore, classification is precluded from subheading 3307.49.0000, HTSUS.
The applicable subheading for the dried roses will be 0603.90.0000, HTSUS, which provides for Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dyed, dried, bleached, impregnated or otherwise prepared: other than fresh. The rate of duty will be 4 percent ad valorem.
The importation of the dried roses may be subject to regulations administered by the U. S. Department of Agriculture (USDA). Inquires may be directed to that agency at the following location:
USDA
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel (301) 734-8645 or (877) 770-5990
Articles classifiable under subheading 0603.90.0000, HTSUS, which are products of Morocco, may be entitled to duty free treatment under the United States-Morocco Free Trade Agreement Implementation Act (UMFTA) upon compliance with all applicable regulations. General Note 27, HTSUS, sets forth the criteria for determining whether a good is originating under the UMFTA.
Your inquiry does not provide enough information for us to give a classification ruling on the argan oil. Your request for a classification ruling should include a 4-ounce sample, chemical name, and marketing materials for each item. Provide the botanical name of the argan oil and source material. Does the argan oil contain other components? Is it chemically modified or refined? Provide the complete chemical breakdown by percent by weight of each component for argan oil. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Stephanie Joseph at (646) 733-3268.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division