For US Customs purposes, skincare classification would fall under Heading 3304 of the Harmonised Tariff Schedule US., and your product may fall under any of the sub-headings depending on application and ingredients. This will determine if any duty is payable on the import.
As far as the FDA is concerned, mandatory registration or approval is not required (except colour additives and prohibited ingredients which will require FDA approval), and there are only 2 issues that they are concerned with: adulteration and misbranding. A ” cosmetic is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or, under such conditions of use as are customary or usual.” An importer or manufacturer may voluntarily file a Cosmetic Product Ingredient Statement with the Voluntary Cosmetic Registration Program to expedite the supply line.
It is misbranded if its labeling is false or misleading in any particular.As long as the packaging has the proper labelling (and warnings if required) it will be allowed. An importer has the responsibility to know the ingredients of the cosmetic or skin care. Additionally, no health or benefits claims should be made on the packing without FDA approval.
Cosmetics, body care products and personal care products may be certified to other private (including foreign organic, eco-label, eco-friendly) standards not regulated by either the USDA nor the FDA.
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