CLA-2-33:OT:RR:NC:1:140
RE: The tariff classification of Skin Perfecting Cream, SynerG4 Toothpaste, and K-21 Mineral Supplement from Canada
Mr. Joseph F. Walter
Livingston International
670 Young Street
Tonawanda, NY 14150
Dear Mr. Walter:
In your letter dated November 08. 2017, you requested a tariff classification ruling for three products on behalf of Immunotec, Inc. The three products under review are as follows:
Skin Perfecting Cream,
SynerG4 Toothpaste, and
K-21 Mineral Supplement
The first product, Skin Perfecting Cream, is a cream that is applied to the skin for its moisturizing and firming effects. Skin Perfecting Cream is composed (in part) of water, caprylic/capric triglyceride, glycerin, isopropyl palmitate, whey protein isolate, butyrospermum parkii, stearic acid, pentylene glycol, glyceryl stearate, cetearyl glucoside, cetearyl alcohol, emu oil, Olea Europaea (Olive) fruit oil, Helianthus Annuus (Sunflower) seed oil, Simmondsia Chinensis (Jojoba) seed oil, phenoxyethanol, sclerotium gum, tocopherol, sodium hydroxide, and Lavandula Angustifolia (Lavender) oil. The product is packaged in a 60 ml. (2 fl. oz.) jar.
The second product, SynerG4 Toothpaste, is called SynerG4 Toothpaste. It is indicated for use as a dentifrice, for human use, that is composed (in part) of sorbitol, calcium carbonate, glycerin, silica, xylitol, glutathione, Euterpe Oleracea (Acai Berry) fruit extract, Camellia Sinensis (Green Tea) extract, Opuntia Ficus-Indica (Cactus) stem extract, coco glucoside, xanthan gum, menthol, natural flavor, aqua (water) and several other ingredients. It is packaged in a 75 ml. (2.5 fl. oz.) tube.
The third product K-21 is a dietary supplement in liquid form that is composed of spring
water, glycerine, potassium citrate, various plant extract concentrates, and various natural juices and extracts. It also contains several other additives and colorants. K-21 is packaged in a 34-fluid ounce (1 liter) bottle and, according to the label directions, is intended to be consumed in 1 tablespoon doses taken twice a day.
The applicable subheading for the Skin Perfecting Cream 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 SynerG4 Toothpaste will be 3306.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the
teeth (dental floss), in individual retail packages: Dentifrices
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. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
Your inquiry does not provide enough information for us to give a classification ruling on the
K-21 Mineral Supplement.
Your request for a classification ruling should include the following information.
A complete list of ingredients by weight in percentage format.
A narrative description of the manufacturing process, and a manufacturing flowchart.
If the product is for retail, submit a sample.
If the product is for commercial use provide the distributor, commercial encapsulator/pill
maker.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 this ruling, contact National Import Specialist Paul Hodgkiss at [email protected]. If you have any questions regarding Heading 2106 please contact National Import Specialist Bruce Hadley at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division