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NY 804772





December 8, 1994

CLA-2-30:S:N:N7:238 804772

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6045

Mr. Thomas S. Ward
#4 8400 Shook Road
Mission, BC. Canada V2V 5M2

RE: The tariff classification of "Skin-E-Dip" medicated skin ointment, put up in plastic jars for retail sale, from Canada

Dear Mr. Ward:

In your letter dated November 28, 1994, you requested a tariff classification ruling. A sample was submitted with your inquiry.

The subject product, "Skin-E-Dip", is a topical skin ointment containing the active medicinal ingredients, Zinc oxide USP (7%) and compound tincture of Benzoin USP (1.8%). The ointment also contains Vitamin E USP as a non-medicinal active ingredient. According to the label on the jar, the product is indicated for the relief of minor skin problems such as diaper rash, minor sunburn, and dry, chapped, cut, or rough skin. It is also indicated for symptomatic relief from the discomfort and irritation of hemorrhoids.

The applicable subheading for the subject product will be 3004.90.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for: * "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics." The general rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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