Industry News

Court of International Trade Issues Opinion on Classification of Cosmetic Sets

January 12, 2012


On January 3, 2012, the U.S. Court of International Trade issued a decision on the classification of cosmetic sets which could have significant impact on the classification not only of cosmetic sets but potentially on the classification of similar items sold in retail sets.  The merchandise in question in the Court’s opinion was makeup sets made by Estee Lauder which were sold in a carton containing lipstick, lip pencil, lip gloss, eye pencil, mascara, eye shadow, nail polish, blush, a cosmetic case, a makeup brush case, cosmetics brushes and an applicator.  They were being sold as part of an Estee Lauder promotional effort called “Blockbuster” in department stores and customers were able to purchase one if they first purchased a fragrance.  Estee Lauder had originally imported the items into the U.S. with the items all being classified separately, with some of them being subject to duty. 

This case impacts both the classification of cosmetic sets, and, potentially, the classification of sets imported packaged together for retail sale which have been put up for a single purpose with a carrying case.  (Full Article)