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NY J83634




April 23, 2003

CLA-2-30:RR:NC:2:238 J83634

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9145; 3004.90.9128

Ms. Lauren E. Hong
Kareway Products, Inc.
3039 East Ana Street
Compton, CA 90221

RE: The tariff classification of Anti-Itch Cream (Item No. 0053), Acne Treatment Cream (Item No. 0054), Hemorrhoidal Ointment (Item No. 0056), Oral Pain Relief Ointment (Item No. 0057) and Muscle & Joint Pain Relief Gel (Item No. 0059) over-the-counter medicaments, from Korea

Dear Ms. Hong :

In your letter dated April 9, 2003, you requested a tariff classification ruling.

The first product, Anti-Itch Cream (Item No. 0053), is a medicament containing diphenhydramine hydrochloride (2% by weight) and zinc acetate (0.1% by weight) as the active ingredients. The product is indicated for the temporary relief of itching and pain associated with insect bites, minor skin irritations and rashes due to poison ivy, poison oak or poison sumac, and dries the oozing and weeping associated with poison ivy, poison oak and poison sumac.

The second product, Acne Treatment Cream (Item No. 0054), is a medicament containing benzoyl peroxide (10% by weight) as the active ingredient. The product is indicated for the prevention and treatment of acne pimples.

The third product, Hemorrhoidal Ointment (Item No. 0056), is a medicament containing (by weight) 14% mineral oil, 71.9% petrolatum, 0.25% phenylephrine hydrochloride and 3% shark liver oil as the active ingredients. The product is indicated for the relief of local itching and discomfort associated with hemorrhoids.

The fourth product, Oral Pain Relief Ointment, (Item No. 0057), is a medicament containing benzocaine (20% by weight) 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 pain brought about by toothaches.

The fifth product, Muscle and Joint Pain Relief Gel, is a medicament containing menthol (2.5% by weight) as the active ingredient. The product is indicated for the temporary relief of minor aches and pains of muscles and joints associated with simple backaches, arthritis

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

The applicable subheading for the first, second and third products will be 3004.90.9145, 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 (including those in the form of transdermal administration systems) 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 and fifth products will be 3004.90.9128, HTS, which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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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