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NY 809416




May 8, 1995

CLA-2-30:S:N:N7:238 809416

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9045

Mr. William M. Koplovsky
Golightly Companies
22 Central Street
P.O. Box 150
Hingham, MA 02043

RE: The tariff classification of "Burn Free" pain-relieving gel from South Africa

Dear Mr. Koplovsky:

In your letter dated April 11, 1995, you requested a tariff classification ruling.

The submitted samples consist of a small, gel-filled, plastic bottle, and a gel-filled aluminum-foil packet. You indicate in your letter that the gel contains "Malleluca" as its active ingredient, which is a product of the bark of the tea tree. According to Medical Botany, several species of the genus, Melaleuca (Myrtaceae) are sources of volatile oils having a high degree of germicidal activity. According to the product label, the gel is indicated for first-aid use on minor burns, including sunburn.

The applicable subheading for the gel-filled bottles and packets will be 3004.90.9045, 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 rate of duty will be free.

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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