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NY L88514




November 18, 2005

CLA-2-30:RR:NC:2:238 L88514

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9110

Mr. Russ Taylor
AQ+ Plc
9 Woosehill Lane, Wokingham, Berkshire RG41 2TT United Kingdom

RE: The tariff classification of Nature’s Solutions Foot Spray from the United Kingdom

Dear Mr. Taylor:

In your letter dated May 11, 2005, resubmitted on October 26, 2005, you requested a tariff classification ruling.

The subject product, Nature’s Solutions Foot Spray, is a formulated foot spray containing 8-Hydroxyquinoline (CAS-148-24-3, aka 8-Quinolinol), an antiseptic with mild fungistatic, bacteriostatic, anthhelmintic, and amebicidal action, as the active ingredient. According to the submitted label, the spray is indicated for use as a topical antiseptic for the prevention of foot odor by eliminating the bacteria that cause it. The product also contains other ingredients, such as peppermint oil and lemon oil, which, it is claimed, will offer “immediate relief to sore, blistered, weary or tired feet, that need refreshing.” The spray will be supplied for retail sale in 100 mL plastic containers with pump dispensers.

The applicable subheading for the subject product, supplied for retail sale in 100 mL plastic containers with pump dispensers, will be 3004.90.9110, 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: 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 are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

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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