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NY J81942




March 19, 2003

CLA-2-38:RR:NC:2:239 J81942

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9150

Mr. Michael Peng
Greenvalley, LLC
165A Marine St.
Farmingdale, NY 11735

RE: The tariff classification of “Revitalize II” body patches from China.

Dear Mr. Peng:

In your letter dated March 3, 2003, you requested a tariff classification ruling for “Revitalize II” body patches. The active ingredients, contained in an enclosed patch, are chinese cimicifuga rhizome, bupleurum root, safflower, and peach seed.

Notwithstanding your claim that this product is intended for the relief of minor aches and pains of muscles and joints, the submitted retail package states that the product “promotes the positive energy throughout your body”, and, “can help maintain and stabilize your body’s internal balance”. Therefore, in our opinion, this product is tonic in nature, and not intended for the prevention or treatment of a specific disease or ailment (e.g., topical analgesic).

The applicable subheading will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 301-443-1544.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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