The tariff classification of Dermac Spray, Neuroskin Spray Forte and Neuroskin Spray Mild, put up in 50ml pump-spray bottles, from Ireland

NY C82081 December 5, 1997 CLA-2-30:RR:NC:2:238 C82081 CATEGORY: Classification TARIFF NO.: 3004.90.9045 Mr. David H. Coolbaugh Adfor Technologies Inc. 9699 Eastside Road Vernon, B.C., Canada V1H 1L1 RE: The tariff classification of Dermac Spray, Neuroskin Spray Forte and Neuroskin Spray Mild, put up in 50ml pump-spray bottles, from Ireland Dear Mr. Coolbaugh: In your letter dated November 11, 1997, you requested a tariff classification ruling. The first submitted sample, Dermac Spray, consists of a white-colored lotion, put up in a 50ml pump-spray bottle, containing the topical keratolytic agent, salicylic acid (2%, by weight). The product is an over-the-counter preparation indicated for use in the treatment of acne, and is characterized on the label as "acne medicated lotion". The second and third submitted samples, Neuroskin Spray Forte and Neuroskin Spray Mild, each consist of a white-colored lotion, put up in a 50ml pump-spray bottle, containing the topical keratolytic agent, salicylic acid (2%, by weight). Both products are over-the-counter preparations which, according to the label, are used to relieve the symptoms and reduce the recurrence of seborrheic dermatitis and psoriasis. Neuroskin Spray Mild is distinguished from Neuroskin Spray Forte by being recommended for adults who are sensitive to ethereal oils - which are contained in Neuroskin Spray Forte - as well as for babies and small children. The applicable subheading for the three subject products will be 3004.90.9045, 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 or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics." 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 (301) 443-6553. 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 Cornelius Reilly at 212-466-5770. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division