Cushion Foundation
CN β US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 9603304000 | 17.5% | CN | US | Official Doc |
| 3304910050 | 35.0% | CN | US | Official Doc |
| 3304995000 | 35.0% | CN | US | Official Doc |
| 3926909989 | 22.8% | CN | US | Official Doc |
| 3304910050 | 35.0% | CN | US | Official Doc |
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Here is the comprehensive HS Code Classification & Tariff Guide for Cushion Foundation, structured in a professional, visual Wiki style with clear customs strategies.
π Cushion Foundation (Makeup Compressed Foundation)
π HS Code Classification & Tariff Analysis | 2026 Customs Compliance Guide | Strategic Clearance Strategies
π I. Product Definition & Classification Logic: What is "Cushion Foundation"?
Cushion Foundation is a modern liquid/powder foundation product packaged in a compact case with a sponge applicator (cushion). In international trade, its classification depends on whether it is declared as the cosmetic product itself or the packaging material.
Core Components: * The Cosmetic: Liquid or powder foundation solution (the active ingredient). * The Packaging: Plastic compact case, sponge cushion, mirror, and sometimes a metal spring.
β οΈ Critical Classification Distinction:
- If declaring the Cosmetic Product (The "Foundation" itself): Must fall under Chapter 33 (Essential Oils/Cosmetics).
- If declaring the Packaging (The "Plastic Case"): Must fall under Chapter 39 (Plastics).
π« Warning: Do not attempt to merge the cosmetic and the plastic case into a single HS Code without proper breakdown, as tax rates vary drastically (0% vs 5.3% base tariff).
π¦ II. HS Code Classification Details (2026 Authorized Tariff Schedule)
Based on the product description and standard customs logic, here are the three possible classification paths found in the data:
| HS Code | Product Description | Applicability | Composition Logic |
|---|---|---|---|
3304.91.00.50 |
Other Powder Preparations (Cosmetics) | Primary Recommendation | The foundation is often a powder/liquid mix. Fits "Other Powder Preparations" under Beauty/Cosmetics. Excludes blush/perfume. |
3304.99.50.00 |
Other Beauty/Cosmetic Preparations | Alternative Option | General category for "Other" beauty products not specified elsewhere. Fits the "Foundation" usage. |
3926.90.99.89 |
Plastic Articles, N.E.S. | Packaging Only | Declares the plastic compact case and sponge separately. No cosmetic content included. |
π Key Differentiator:
- Cosmetic vs. Packaging:3304(Cosmetics) vs.3926(Plastics).
- Tax Impact: Cosmetic items often face higher add-on tariffs due to trade policies (25% or 35% total), while pure plastic packaging has a lower base tariff (5.3%) but similar add-ons.
π° III. 2026 Tariff Rate Analysis (Detailed Breakdown)
β Applicable Market: United States (US)
β Origin: China (CN)
β Effective Date: 2025β2026 (Current Trade Policy)
π― 1. Path A: Cosmetic Classification (The Actual Product)
Applicable Codes: 3304.91.00.50 or 3304.99.50.00
| Item | Detail | Explanation |
|---|---|---|
| Base Tariff | 0.0% | Free trade duty for cosmetics (General). |
| Section 232/301 Add-on | +25.0% | Section 301 Tariffs: "Additional duties on certain Chinese goods" targeting cosmetics. |
| Section 122 Add-on | +10.0% | Section 122 Tariffs: Specific additional duty for cosmetics/beauty products. |
| Total Tax Rate | 35.0% | Base (0%) + 301 (25%) + 122 (10%) |
| Calculation | CIF Value Γ 35% |
High duty burden. |
| De Minimis Exemption | β NO | β Not eligible for small parcel exemptions. |
| Legal Reference | USITC: 3304.91/99 + Section 301 List 3 + Section 122 |
π Interpretation:
Declaring the product as Cushion Foundation triggers the highest tax tier (35%). This is due to the combination of the general "Cosmetic" add-on (25%) and the specific "Section 122" beauty tax (10%).
π― 2. Path B: Packaging Classification (Plastic Case Only)
Applicable Code: 3926.90.99.89
| Item | Detail | Explanation |
|---|---|---|
| Base Tariff | 5.3% | Standard duty for "Other Plastic Articles". |
| Section 232/301 Add-on | +7.5% | Section 301 Tariffs applied to specific plastic categories. |
| Section 122 Add-on | +10.0% | Section 122 Tariffs: Applied to plastic packaging components. |
| Total Tax Rate | 22.8% | Base (5.3%) + 301 (7.5%) + 122 (10%) |
| Calculation | CIF Value Γ 22.8% |
Lower total cost if declared purely as packaging. |
| De Minimis Exemption | β NO | β Not eligible. |
| Legal Reference | USITC: 3926.90 + Section 301 List 4 + Section 122 |
π Interpretation:
If you declare only the empty plastic case (without the foundation liquid inside), the tax drops to 22.8%. However, this is illegal if you are shipping the filled product. Customs will reject "Plastic Case" for a "Filled Cushion" and reclassify it as Cosmetics (35%), leading to back-duties and penalties.
π― 3. Path C: Alternative Cosmetic Classification
Applicable Code: 9603.30.40.00 (Less Common but Possible)
Note: This code typically refers to "Makeup Brushes," but some customs brokers attempt to use it for "Cosmetic Tools" if the sponge is considered a tool.
| Item | Detail | Explanation |
|---|---|---|
| Base Tariff | 0.0% | Low base duty. |
| Section 301 Add-on | +7.5% | Standard 301 rate. |
| Section 122 Add-on | +10.0% | 122 Beauty tax. |
| Total Tax Rate | 17.5% | Base (0%) + 301 (7.5%) + 122 (10%) |
| Risk Level | β οΈ HIGH | High Risk of Rejection. Customs strictly defines 9603 as "Brushes," not "Foundation." Misclassification leads to fines. |
π οΈ IV. Customs Clearance Strategy & Practical Advice
β 1. Material Preparation Checklist
| Document | Requirement | Purpose |
|---|---|---|
| Product Composition Report | βοΈ Critical | Must explicitly state: "Liquid/Powder Foundation" + "Plastic Case" percentages. |
| Product Photo (Open & Closed) | βοΈ Critical | Show the sponge, liquid reservoir, and mirror to prove it's a "Cushion" kit. |
| Ingredients List (INCI) | βοΈ Mandatory | Required for Chapter 33 (Cosmetics) clearance. |
| Commercial Invoice | βοΈ | Must match HS Code. DO NOT say "Plastic Case" if it contains foundation. |
| Material Safety Data Sheet (MSDS) | βοΈ | Often required for chemical/cosmetic transport. |
β 2. Declaration Strategy (The "Truth" Method)
π₯ Golden Rule: Declare the Cosmetic, Not the Plastic.
If you declare a filled cushion as "Plastic Case" (3926), it is Customs Fraud.
| Scenario | Correct Declaration | Tax Rate | Risk |
|---|---|---|---|
| Filled Cushion | 3304.91.00.50 (Cosmetic) |
35.0% | β Low (Legal) |
| Filled Cushion | 3926.90.99.89 (Plastic) |
22.8% | β HIGH (Fraud) |
| Empty Case Only | 3926.90.99.89 (Plastic) |
22.8% | β Low (Legal) |
π Why
3304is safer:
Even though the tax is higher (35%), it is the correct classification. The cost is predictable. Misclassifying as plastic (3926) risks a Customs Audit, seizure of goods, and a 200% penalty for fraud.
β 3. Special Situations & Loophole Warnings
| Situation | Strategy | Warning |
|---|---|---|
| "Refill" Only (No Case) | Declare as 3304.91.00.50 |
Correct. Do not try to use packaging codes. |
| "Brush" included in box | Declare as Kit (3304) |
If the brush is secondary, it follows the main product (Cosmetic). |
| OEM Private Label | Provide Authorization Letter | To avoid "Counterfeit" flags, prove brand ownership. |
| Sample/De Minimis | β No Exemption | Even under $800, cosmetics often do not qualify for de minimis if flagged as "Trade" goods. |
π V. Global Market Comparison (2026 Context)
| Region | Recommended HS Code | Estimated Duty | Key Requirement |
|---|---|---|---|
| πΊπΈ USA | 3304.91.00.50 |
35.0% | Strict Section 301 & 122 enforcement. |
| π¨π³ China | 3304.91.00.50 |
5.0% | Lower duty, no Section 301. |
| πͺπΊ EU | 3304.91.00 |
0% - 3.0% | No Section 122, but strict cosmetic registration (CPNP). |
| π―π΅ Japan | 3304.99 |
0% - 4.0% | Requires specific Japanese labeling. |
π Insight:
The US market is the most expensive due to the Section 122 (10%) and Section 301 (25%)ε ε . Exporters to the US must calculate this 35% tax into their landed cost immediately.
π VI. Common Mistakes & Pitfalls
β Mistake 1: Calling it "Makeup Sponge" to get 0% tax.
π Consequence: Customs sees the liquid foundation, reclassifies to 3304, and charges 35%. You owe the difference + penalty.
β Mistake 2: Splitting the invoice (Liquid = Cosmetic, Case = Plastic).
π Consequence: If shipped together, customs merges them as a "Set." You must pay 35% on the total value.
β Mistake 3: Ignoring Section 122.
π Consequence: Assuming "Cosmetics = 0% base" means "Low tax." You forget the 10% Section 122 + 25% Section 301.
β Correct Approach:
"Cushion Foundation, Liquid, 15g + Plastic Case, Brand: [Name], Model: [XYZ]. Declare under 3304.91.00.50."
π― VII. Conclusion: Strategic Recommendation
π― Final Verdict:
For Cushion Foundation, the only compliant path is 3304.91.00.50 or 3304.99.50.00.
| Factor | Recommendation |
|---|---|
| Best HS Code | 3304.91.00.50 |
| Total Tax Cost | 35.0% (0% Base + 25% 301 + 10% 122) |
| Risk of Misclassification | Extreme (If declared as Plastic 3926) |
| Action Item | Prepare full ingredient lists and photos to prove it is a cosmetic product, not just packaging. |
π Pro Tip:
If the product cost is low but the tax is high (35%), consider consolidating shipments or re-evaluating the supply chain to reduce the CIF value before duty calculation.
β¨ Customs Compliance, from Accuracy to Profit!
πΌ Know your HS Code. Pay the right tax. Avoid the fines.
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About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) β Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) β More specific grouping within the chapter
- Subheading (6 digits) β Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) β Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate β The standard duty rate applied to WTO members
- General rate β Applied to countries without trade agreements
- Trade remedy duties β Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.