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NY J82503




March 17, 2003

CLA-2-30:RR:NC:2:238 J82503

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.20.0060; 3004.90.9145; 3004.32.0000; 3004.90.9110

Ms. Lauren E. Hong
Kareway Products, Inc.
110 East 9th Street, A706
Los Angeles, CA. 90079

RE: The tariff classification of Triple antibiotic ointment (Item No. 0050), Antibiotic plus pain cream (Item No. 0051), Diaper Rash Ointment (Item No. 0052), Hydrocortisone 1% cream (Item No. 0055) and Tolnaftate Antifungal cream (Item No. 0058) over-the-counter medicaments, from Korea

Dear Ms. Hong :

In your letter dated February 19, 2003, you requested a tariff classification ruling.

The first product, Triple antibiotic ointment (Item No. 0050), is a medicament containing bacitracin, neomycin, and polymyxin as the active ingredients. The product is indicated for the prevention of infection in minor cuts, scrapes and burns.

The second product, Antibiotic plus pain cream (Item No. 0051), is a medicament containing neomycin, polymyxin, and pramoxine hydrochloride (a topical anesthetic agent), as the active ingredients. The product is indicated for the prevention of infection and for the temporary relief of pain or discomfort in minor cuts, scrapes and burns.

The third product, Diaper Rash Ointment (Item No. 0052), is a medicament containing zinc oxide (40% by weight) as the active ingredient. The product is indicated for the prevention and treatment of diaper rash.

The fourth product, Hydrocortisone 1% cream (Item No. 0055), is a medicament containing hydrocortisone (1% by weight), an adrenocortical hormone, as the active ingredient. The product is indicated for the temporary relief of itching associated with minor skin irritations, and for the temporary relief of inflammation and rashes caused by eczema, psoriasis, seborrheic dermatitis, poison ivy, insect bites, etc.

The fifth product, Tolnaftate Antifungal cream (Item No. 0058), is a medicament containing tolnaftate, an antifungal agent, as the active ingredient. The product is indicated for the treatment and prevention of athlete’s foot and ringworm.

You indicate in your letter that each product will be put up in an ointment tube which, in turn, will be packed in a paperboard box for retail sale.

The applicable subheading for the first and second products will be 3004.20.0060, 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: Containing other antibiotics: Other: Other.” The rate of duty will be free.

The applicable subheading for the third product will be 3004.90.9145, 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.

The applicable subheading for the fourth product will be 3004.32.0000, 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: Containing hormones or other products of heading 2937 but not containing antibiotics: Containing corticosteroid hormones, their derivatives and structural analogues.” The rate of duty will be free.

The applicable subheading for the fifth product will be 3004.90.9110, 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.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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