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NY K88281




August 12, 2004
CLA-2-30:RR:NC:2:238 K88281

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9128

Mr. Anthony M. Cooper
FedEx Trade Networks Transport & Brokerage, Inc. 128 Dearborn Street
Buffalo, NY 14207

RE: The tariff classification of Pain Relief Cream from Canada

Dear Mr. Cooper:

In your letter dated July 8, 2004, on behalf of your client, Cherryl de Villiers Products Inc., you requested a tariff classification ruling.

The submitted sample, Pain Relief Cream, consists of a white cream put up for retail sale in a plastic container with a flip-up lid. The cream is applied topically and is indicated for the temporary relief of aches and pains. According to the label, the cream is composed of the following ingredients: “purified water, vegetable emulsifying wax, sweet almond oil, shea butter, St. John’s Wort oil, vitamin E, wintergreen, black pepper, lavender, chamomile, methyl paraben (food grade preservative) and a preservative blend of many other pure plant and flower essences.”

The applicable subheading for the subject subject product will be 3004.90.9128, 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 (in cluding 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: Other.” The general 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 1-888-443-6332. 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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