CLA-2-33:OT:RR:NC:N4:414
Mr. Philip Ditjo
German American Chamber of Commerce Inc., NY
80 Pine Street
Floor 24
New York, NY 10005
RE: The tariff classification of beard products from Germany
Dear Mr. Ditjo:
In your letter dated February 2, 2017 you requested a tariff classification ruling on behalf of Bartpracht (GmbH).
The items in your ruling request fall into three categories. The first category , “Beard Oils”, contain the products “Arnsberg,” Article No. 4260459735021, “Zirndorf,” Article No. 4260459735038, and “Würzburg,” Article No. 4260459735069. The intended use of these products is to moisturize and soften the beard hairs. The second category, “Shaving Oil,” consists of the product “Blankenhagen,” Article No. 4260459735106. This product is intended to help protect the skin from cuts and skin irritations. The final category, “Beard Cream,” consists of “Mannheim,” Article No. 4260459735120. Its intended use is to give the beard a healthy shine without leaving oil marks.
The applicable subheading for the “Blankenhagen” shaving oil 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 beard oils: “Arnsberg,” “Zirndorf” and “Würzburg” and the “Mannheim” shaving cream will be 3307.90.0000, 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: Other. The rate of duty will be 5.4 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 https://hts.usitc.gov/current.
Articles imported into the United States are required to be marked with their country of origin. If you require a ruling on the country of origin marking requirements for beard care products and shaving oils, please provide a sample of the products, or photographs of the products, in condition as they will be imported, showing the proposed country of origin marking.
It appears that you might be interested in general information on importing into the United States. You might find it helpful to refer to the Informed Compliance Publication titled “Importing into the Unied States,” available under “Trade” on the “Import” page of our website at www.cbp.gov.
You also requested information on the requirements for labeling the beard care products and shaving oils. 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). Beard care products and shaving oils may be subject to these regulations. Questions regarding FDA requirements should be addressed to the U.S. FDA, 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.
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,
Steven A. Mack
Director
National Commodity Specialist Division