CLA-2-33:OT:RR:NC:N3:140
Mr. Bin Xi Ng
Fleming International Vietnam Ltd.
Lot 103/2, Road 5, Amata IP Long Binh ward, Dong Nai province
Bien Hoa, Vietnam
RE: The Tariff Classification and Country of Origin of Room Spray from Vietnam
Dear Mr. Ng:
In your letter dated August 08, 2019, you requested a tariff classification ruling on a prospective importation of a non-aerosol room spray from Vietnam.
The instant product is a “Room Spray” which you indicate is used as an room air freshener. It
consists of a prepared fragrance mixture which is diluted in water, solvents, and has an added preservative. The ingredients, listed by “relative quantity (by weight)”, of each component are as follows:
77.7% Water, 11.0% PEG-40 (CAS # 61788-85-0), 9.0% Ethanol (CAS # 122-99-6),
2.0% Fragrance oil and 0.3% Urea (78491-02-8).
The country of origin of each component is as follows: Vietnam - Water, USA - PEG-40 (CAS # 61788-85-0) and Fragrance Oil, India - Ethanol (122-99-6) and China - Urea (78491-02-8).
You provided a detailed MSDS sheet for the product and the Fragrance Oil. We note that the fragrance oil consists of approximately 19 different chemical substances, and it is indicated to be manufactured in the United States.
You state that the above listed components were imported and assembled (mixed) into the finished room spray in Vietnam.
The fragrance oil sourced from the United States, is diluted with the alcohol and water and has the Urea added to prevent spoilage from bacterial or fungal contamination. PEG-40 functions as solvent and a solubilizer and surfactant.
The applicable subheading for the non-aerosol room spray will be 3307.49.0000, 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: Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.
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, or by visiting their website at: www.fda.gov.
You also asked for a Country of Origin determination for the instant product. We note that a marked sample was not received with your ruling request.
The essential character of the imported product is imparted by the fragrance oil mixture. It is simply diluted, preserved and bottled in China and Vietnam. No other essences or fragrances are added to the fragrance oil sourced from the United States. It is our opinion that the “Room Spray” is a product of the United States for country of origin and marking purposes.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the mini gift set is the consumer who purchases the product at retail.
Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, NW, Washington, D.C. 20508, as to whether the proposed markings satisfy their requirements.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division