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NY N022259




February 1, 2008

CLA-2-23:OT:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500; 3307.90.0000

Ms. Patti Cordo
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of a feed additive and a topical gel for horses, from Ireland.

Dear Ms. Cordo:

In your letter dated January 16, 2008, you requested a tariff classification ruling on behalf of Nutriscience Ltd., LLC (Waterford, Ireland). Samples and data sheets representing two products were submitted for our review.

The first product, identified as “ArthriScience,” is described as an oral, caramel-flavored liquid feed additive/supplement for equine use only. It is said to contain glucosamine HCL, chondroitin sulphate, hyaluronic acid, orthosilic acid (silica), M.S.M. (methyl-sulphonyl-methane), vitamin C, and manganese sulphate in a base consisting mainly of water, dextrose, sorbitol and caramel-chocolate flavoring. The label recommends that horses ingest one to two ounces of ArthriScience daily to help maintain joint health and mobility. The product will be supplied in 34- and 128-fl-oz plastic jugs incorporating measured-dose indicators.

The applicable subheading for the “ArthriScience” liquid oral supplement for equine use will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) preparations of a kind used in animal feeding. The rate of duty will be 1.4%.

The above-described merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

The second product, identified as “ArnaKare Gel,” is described as a topical aqueous cooling gel for equine use only. It is said to contain arnica, MSM, and calendula plant extract in a base consisting mainly of water, glycerine and propylene glycol. It can be applied externally to a horse’s legs, or to other areas of the horse’s body, to impart a soothing effect. The product will be supplied in 4- and 10-lb re-sealable plastic pails.

The applicable subheading for the “ArnaKare Gel” for topical equine use will be 3307.90.0000, HTSUS, 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 included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: other. The rate of duty will be 5.4%.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is 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.

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 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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