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NY K82715




February 11, 2004
CLA-2-33:RR:NC:2:240 K82715

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998; 3304.99.5000

Mr. Angel Rodriquez
Panalpina, Inc.
1776 On-The-Green
67 Park Place
Morristown, NJ 07960-7103

RE: The tariff classification of Primordia Silver skin care lotion and Agaricus blazei Murill capsules from Taiwan

Dear Mr. Rodriguez :

In your letter dated January 12, 2004 you requested a tariff classification ruling on behalf of your client Interplast Group, Inc.

Agaricus blazei Murill dietary supplement is a brown and tan colored capsule whose “active ingredient” is said to be agaricus blazei murill mushroom extract. The product is described as a human food supplement, with a recommended dosage of 2-3 capsules, taken twice daily

Primordia Silver, composed of ionized silver, stearic acid, propylene glycol, modified coconut fatty acid, glyceryl monostearate, ethyl alcohol, aloe vera gel, triethylamine, ethylenediamine tetraacetic acid, squalene, methylsulfonylmethane, fragrance, methyl paraben, propyl paraben and plant based trace minerals, is stated to be a body skin lotion. The product is packed in a blue pump bottle.

The applicable subheading for the Primordia Silver will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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. The rate of duty will be free.

The applicable subheading for the will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for Food preparations not elsewhere specified or included: Other: Other: Other. The rate of duty will be 6.4 percent ad valorem.

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.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors 5100 Paint Branch Parkway, College Park, MD 20740-3835 (202) 418 3412.

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,

Robert B. Swierupski
Director,
National Commodity

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