May 17, 2006 CBP Bulletin Notice on Certain Skin Care Products
In the May 17, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 21), CBP issued a notice proposing to modify three classification rulings on certain skin care products. CBP states that it is also proposing to revoke any treatment previously accorded by it on substantially identical transactions.
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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by June 16, 2006, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Three Classification Rulings
Certain skin care products. NY 801325 covers, in part, Nutriol Eyelash Conditioner, which contains mucopolysaccharides and is used to help keep eyelashes thick, healthy, and protected. NY G88456 describes the "Irione and Les Florales" product line which consists of five skin care products. The product at issue in this proposed modification is an eye contour gel. NY G88457 describes "Les Spcifiques" product line which also consists of five products. The subject in this proposed modification is an eye make-up remover lotion. All three products are packaged for retail sale.
CBP is proposing to issue HQ 967517 in order to modify NY 801325 and classify the eyelash conditioner under HTS 3304.99.5000, which provides for other beauty or make-up preparations and preparations for the care of the skin (other than medicaments), etc. rather than under HTS 3304.20.0000, which provides for eye make-up preparations. CBP is also proposing to issue HQ 967518 in order to modify NY G88456 and NY G88457 in order to classify the eye contour gel and the eye make-up remove lotion under HTS 3304.99.5000 rather than HTS 3304.20.0000.
CBP explains that goods classified in HTS 3304.20.0000 are limited to products that are used to beautify the eye area. With regard to the products at issue, CBP states that the eye lash conditioner is for improving the condition of the eyelashes, the eye contour gel improves the condition of the eye area, and the eye makeup remover is not for beautification, but for removal of makeup.
Therefore, CBP states that these products are more appropriately classified with other skincare products that are used for cleansing and moisturizing the skin within HTS 3304.99.5000.
proposed: 3304.99.5000, duty-free; current: 3304.20.0000, duty-free.
May 17, 2006 CBP Bulletin (Vol. 40, No. 21) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_05172006_no21/