CLA-2-34:OT:RR:NC:2:236
Ms. Heather Creegan
Barthco International Division of OHL
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of pre-moistened pet wipes
Dear Ms. Creegan:
In your ruling request dated May 16, 2013, on behalf of your client, CVS Pharmacy, you requested a tariff classification ruling. The two submitted samples of the pre-moistened pet wipes have been reviewed and will be returned as requested.
Your submission describes the product at issue as a small container of twenty pre-moistened pet wipes (item number 925698). The plastic container has a 4 inch length of ball bearing chain that may be used to fasten the container to an easy to reach place, such as the end of a dog’s lease. The top of the container pops open so that the wipes can be dispensed individually while keeping the remainder of the wipes air-tight. The pet wipes measure 2.75 inches x 7.875 inches and are impregnated with a cleansing solution containing a non-aromatic surface-active agent and other substances. You have stated the wipe is made of nonwoven, spunlace, filament. We have determined that the wipe acts as the carrier for the impregnated cleansing solution.
The applicable subheading for the pet wipes wipe will be 3401.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 Nuccio Fera at (646) 733-3034.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division