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NY R00681




August 12, 2004
CLA-2-30:RR:NC:2:238 R00681

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9190

Ms. Deb Clune
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of Mentholatum® Aromatic Nasal Inhaler from China

Dear Ms. Clune:

In your letter dated August 10, 2004, on behalf of your client, The Mentholatum Co., Inc., you requested a tariff classification ruling.

The subject product, the Mentholatum® Aromatic Nasal Inhaler, is composed of a cap, a tube, and a stopper base, all of which are made of plastic. The cap covers (fits over) the tube, and screws onto threads located at the bottom of the tube. The tube has a hole in the top and perforations along the bottom, and contains a fibrous material said to be impregnated with a clear, colorless-to-yellow liquid consisting of menthol, camphor, methyl salicylate, eucalyptus oil, and pine oil. Use of the inhaler involves removal of the cap and partial insertion of the tube into the nostril, so that the vapor (aroma) produced by the liquid can be inhaled. You state that your client does not intend to make any medical claims for the inhaler. In this regard, we note that a copy of the inhaler’s retail packing material, submitted with your letter, indicates only that the inhaler “Revitalizes nasal passages with a refreshingly cool sensation,” by producing “cooling, soothing mentholated vapors.”

Notwithstanding your client’s intent to refrain from making any medical claims for the inhaler, it is our determination, pursuant to Headquarters Ruling Letter HQ 960697, dated March 4, 1998, that the applicable subheading for the subject product will be 3004.90.9190, 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: 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 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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