CLA-2-33:OT:RR:NC:N4:414
Category: Classification
Tariff NO.: 3305.90.0000
Mr. Peter K. Schlesinger
Attorney in Fact
Atlantic Customs Brokers, Inc.
2016 Linden Boulevard
Elmont, NY 11003
RE: The tariff classification of anti-frizz sheets from China
Dear Mr. Schlesinger:
In your letter dated January 20, 2015, you requested a tariff classification ruling on behalf of Nunzio Salviano for Anti-Frizz Sheets.
The Anti-Frizz Sheets are described as portable hair luster sheets with coconut oil. The instructions direct one to swipe hair from roots to end in order to tame frizz while adding luster and moisture to the hair. The sheets are individually wrapped and sold in a box containing twelve sheets.
The applicable subheading for the Nunzio Salviano Anti-Frizz Sheets will be 3305.90.0000, HTSUS, which provides for Preparations for use on the hair: 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 (FDA). 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 888-723-3366, or by visiting their website at: www.fda.gov.
You included a photograph of the proposed packaging that has been modified to show the country of origin in the lower left hand corner.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
Applying the marking rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that neither the sample nor the proposed modification shown in the photo submitted with your ruling request are properly marked with the country of origin. The box should show the country of origin, “Made in China” in close proximity and in the same size and type of lettering as used in the phrase “New York, NY 10065” which is located beneath the URL in the center of the package. Such marking would then be considered legibly, conspicuously and permanently marked in accordance with the statute.
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 Barbara Kiefer at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division