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NY N010278




May 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9128

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of Niavin™ Trigger Point Relief ™ Medicated Dry Body Oil, put up in 10mL roll-on applicator bottles for retail sale, from South Africa

Dear Mr. Parisi:

In your letter dated April 20, 2007, on behalf of your client, Niavin Corporation, you requested a tariff classification ruling.

The subject product, Niavin™ Trigger Point Relief ™ Medicated Dry (non-oily) Body Oil, consists of two 10mL glass roll-on applicator bottles packed in a cardboard box for retail sale. The bottles contain a lightly-colored liquid that consists of 10% (by weight) methyl salicylate as the active ingredient, along with C12-15 alkyl benzoate, fragrance and Juniperus ashei oil. Insert literature and labeling indicate that it is used topically for the temporary relief of arthritis and simple muscle and joint pains. It is characterized as an external analgesic. The sample is being returned as requested

The applicable subheading for the Niavin™ Trigger Point Relief ™ will be 3004.90.9128, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[M]edicaments...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: Other: Other: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Other." The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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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