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Newly Released CBP HQ Rulings Feb. 26

The Customs Rulings Online Search System (CROSS) was updated on Feb. 26 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

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H341991: Affirmation of NY N340739; Tariff Classification of Intimate Gel from China

Ruling: The instant merchandise was correctly classified under subheading 3824.99.9397.
Issue: What is the tariff classification of intimate gel from China?
Item: LIFESTYLES' SKYN Excite Gel
Reason: CBP did not find Harmonized Tariff Schedule subheading 3304.99.50 to be an appropriate alternative subheading for the subject merchandise because SKYN Excite Gel is not a preparation for the skin. The SKYN Excite Gel is not intended to be used as either a beauty preparation, make-up preparation or preparation for the care of the skin; rather, it is intended to be used solely to enhance the female sexual experience. Accordingly, it is not classifiable in HTS heading 3304. Furthermore, the preparations classified for this product may be either wholly or partly of chemical products (this is generally the case) or wholly of natural constituents. According to EN 38.24, “chemical preparations” within the meaning of heading 3824 encompass both non-aqueous solutions and mixtures of natural and chemically modified substances. The instant products, as mixtures of water, propylene glycol, hydroxethylcellulose L-arginine, citric acid, menthol, and methylparaben, are therefore described by heading 3824.
Ruling Date: Feb. 24, 2025