CLA-2-33:OT:RR:NC:2:240

Ms. Svetlana Fomenko
249 Coleridge Street
Brooklyn, NY 11235

RE: The tariff classification of the five products from the DeSheli Diamond Treasures Men Gear Private Arsenal line from Israel

Dear Ms. Fomenko:

In your letter dated August 15, 2013 and received August 21, 2013, you requested a tariff classification ruling on behalf of your client PF Invest Company. Samples of five products were submitted with your inquiry, and are being returned as requested.

The DeSheli Diamond Treasures Men Gear Private Arsenal Men Active Lift Facial Serum, put up and sold in a retail 1 oz. spray bottle, is marketed for use in the care of the skin. The DeSheli Diamond Treasures Men Gear Private Arsenal Men Complete Control Hair Roots Force Ampoule, put up in a 1 oz. retail bottle with a stopper, is sold for use on the hair to provide moisture, protection, and restoration of hair texture. The DeSheli Diamond Treasures Men Gear Private Arsenal Men Marine Aqua Roll-On Deodorant is sold at retail in a 3 oz. bottle. The DeSheli Diamond Treasures Men Gear Private Arsenal After Shave Balm Sleek Corrector and DeSheli Diamond Treasures Men Gear Private Arsenal Men S2 Cream Soothe Shave, sold in retail in 4.2 oz. tubes, are marketed for use before and after shaving for the care of the skin.

The applicable subheading for the DeSheli Diamond Treasures Men Gear Private Arsenal Men Active Lift Facial Serum 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.

The applicable subheading for the DeSheli Diamond Treasures Men Gear Private Arsenal Men Complete Control Hair Roots Force Ampoule will be 3305.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Preparations for use on the hair: Other. The rate of duty will be free.

The applicable subheading for the DeSheli Diamond Treasures Men Gear Private Arsenal After Shave Balm Sleek Corrector and DeSheli Diamond Treasures Men Gear Private Arsenal Men S2 Cream Soothe Shave will be 3307.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Pre-shave, shaving or after-shave preparations: Not containing alcohol. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the DeSheli Diamond Treasures Men Gear Private Arsenal Men Marine Aqua Roll-On Deodorant will be 3307.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Personal deodorants and antiperspirants. The rate of duty will be 4.9 percent ad valorem.

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. 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 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 Stephanie Joseph at (646) 733-3268.

Sincerely,

Myles B. Harmon
Acting Director
National Commodity Specialist Division