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NY J89889




October 24, 2003

CLA-2-33:RR:NC:2:240 J89889

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.90.0000

Mr. Joseph Catania
All Flags Forwarding
P.O. Box 300182, JFK Airport
Jamaica, New York 11430-0182

RE: The tariff classification of Contact lens solution from Great Britain

Dear Mr. Catania:

In your letter dated October 9, 2003 you requested a tariff classification ruling. Two sample boxes of contact lens solution were submitted with your inquiry and will be disposed.

Sauflon Lite Multipurpose Solution is an all-purpose lens care product. It is used to clean, rinse and disinfect soft (hydrophilic) contact lenses. Each box contains three 9 fluid ounce bottles of solution. In your letter you suggest classification in 3004.90.9185, HTS which provides for Other medicaments (excluding goods of heading 3002, 3005 or 3006) 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 medicaments primarily affecting the eyes, ears or respiratory system. This product is not a medicinal preparation intended for use in the treatment or prevention of a specific disease or ailment. Chapter 33 Note 4 refers to perfumery, cosmetic or toilet preparations of heading 3307 which includes contact lens or artificial eye solutions. Therefore, this product is properly classified in 3307.90.0000, HTS.

The applicable subheading for contact lens solution will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or include; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.. The rate of duty will be 5.4 percent ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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