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NY K86899




July 1, 2004
CLA-2-33:RR:NC:2:240 K86899

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000; 4202.92.4500

Mr. Karl Krueger
DHL Danzas Air and Ocean
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of "G.M. Collin" Skin Care Products from Canada

Dear Mr. Krueger:

In your letter dated June 9, 2004 you requested a tariff classification ruling on behalf of your client G.M. Collin. A sample of the G.M. Collin Nutriance and G.M. Collin Travel Kit for dehydrated skin was submitted for review with your inquiry. Samples of the G.M. Collin Travel Kit for sensitive skin and oily skin were not submitted at this time. Additionally, the representative sample bottles of the skin care products did not contain their contents.

The G.M. Collin Nutriance consists of a 50-ml bottle of moisturizing lotion for all types of skin. The lotion is sold at retail in a travel pouch. The pouch is a toiletry bag made up of clear polyvinyl chloride (PVC) sheeting and has a zippered top closure. Also included is a plastic card insert. The moisturizing lotion is made in Canada. The travel pouch is made in China.

The G.M. Collin Travel Kits will each contain a 50-ml bottle of cleansing milk, a 20-ml bottle of cream and a 50-ml bottle of lotion. The items are intended to be used in a three step regimen for the care of the skin. Each kit is sold at retail in a travel pouch. The pouch is a toiletry bag made up of clear polyvinyl chloride (PVC) sheeting. The bag has a two snap closure and cut out handles. Also included is an information pamphlet. The cleansing milk, cream and lotion are made in Canada. The travel pouch is made in China. The kit is assembled in Canada.

Although the skin care products are packed together inside the pouch, it is not considered the normal and usual packing for these articles and will be classified separately in its appropriate heading.

The applicable subheading for the cleansing milk, cream, lotion and Nutriance moisturizing lotion 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: Other: Other: 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, which is 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 (202) 418-3412.

The applicable subheading for the PVC travel pouch will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports and similar bags: With outer surface of sheeting of plastic: Other.. The rate of duty will be 20 percent ad valorem.

Additionally, the travel pouch is not in compliance with the country of origin marking regulations. 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

To comply with the marking regulations, this office suggests that the sample be marked "Made in China" in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit. You may contact your local Customs port for guidance in developing other acceptable alternatives of marking your product prior to importation.  The samples are being returned.

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,

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