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NY B89595




September 26, 1997

CLA-2-30:RR:NC:2:238 B89595

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.1000; 3004.90.9010; 3004.90.9045

Mr. Robert W. Dodds
Rye Pharmaceuticals LLC
Beard Plaza
6540 Washington Street
Yountville, CA 94599

RE: The tariff classification of BURNAID Burn First Aid Dressings; BURNAID Burn First Aid Burn Gel; Rapaid First Aid Cream; Rapaid First Aid Spray; and Rapaid Everyday Powder, from Australia

Dear Mr. Dodds:

In your letter dated September 11, 1997, you requested a tariff classification ruling.

The first product, BURNAID Burn First Aid Dressing, consists of a burn dressing put up in a sealed, foil packet, which is referred to as a "sachet". The dressing is impregnated with melaleuca oil (Australian tea-tree oil) and triclosan. According to the United States Dispensatory, 25th Edition, tea-tree oil is "actively germicidal", while Remington's Pharmaceutical Sciences, 18th Edition, describes triclosan as having broad-spectrum antibacterial activity, and used to disinfect the skin. The dressings are indicated for use on minor burns and scalds, and will be imported in three sizes: 4"x4", 8"x8", and 16"x24".

The second product, BURNAID Burn First Aid Gel, consists of a gel containing melaleuca oil and triclosan as the active ingredients. The gel will be put up for retail sale in 25g and 50g tubes, and in 1 oz sachets, and is indicated for use on minor burns and scalds

The third product, Rapaid First Aid Cream, consists of a topical antiseptic cream containing melaleuca oil as the active ingredient. The cream will be put up for retail sale in 25g or 50g tubes, and is indicated for use on cuts, bites, abrasions, and minor topical infections.

The fourth product, Rapaid First Aid Spray, consists of a liquid containing melaleuca oil as the active ingredient. The liquid will be put up for retail sale in 500ml and 100ml plastic pump bottles, and is indicated for the same uses as Rapaid First Aid Cream.

The fifth product, Rapaid Everyday Powder, consists of a powder containing melaleuca oil, zinc oxide, and cornstarch as the active ingredients. The powder will be put up for retail sale in 100g plastic containers, and is indicated for use in the treatment and prevention of rashes, chafing, prickly heat, excess perspiration, sweaty feet, and athletes foot.

The applicable subheading for the BURNAID Burn First Aid Dressings will be 3005.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Wadding, gauze, bandages and similar articles (for example, dressings, ... ), impregnated or coated with pharmaceutical substances ... for medical, surgical, dental or veterinary purposes: Other: Coated or impregnated with pharmaceutical substances." The rate of duty will be free.

The applicable subheading for the BURNAID Burn First Aid Burn Gel, the Rapaid First Aid Cream, and the Rapaid First Aid Spray will be 3004.90.9010, 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: Anti-infective medicaments: Other." The rate of duty will be free.

The applicable subheading for the Rapaid Everyday Powder will be 3004.90.9010, 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,

Robert B. Swierupski

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