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NY B87499




July 28, 1997

CLA-2-30:RR:NC:2:238 B87499

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9045

Mr. Clay Harrold
3345 Hardin Way
Soquel, CA 95073

RE: The tariff classification of Himani BOROPLUS Antiseptic Cream, put up in tubes for retail sale, from India

Dear Mr. Harrold:

In your letter dated June 24, 1997, you requested a tariff classification ruling.

The submitted sample, Himani BOROPLUS Antiseptic Cream, consists of a white ointment or cream, put up in a metal tube, which, in turn, is packaged for retail sale in a paperboard container. The ointment contains several herbal extracts, in addition to zinc oxide, boric acid, and talc, and is claimed to cure and protect the skin from bacterial infections, abrasions, cuts, burns and other unhealthy skin conditions.

The applicable subheading for the subject product 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 requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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