The tariff classification of Herax® from Switzerland

N029424 May 30, 2008 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9110 Mr. James C. Alberdi A.J. Arango, Inc. 1516 E. 8th Avenue Tampa, FL 33605 RE: The tariff classification of Herax® from Switzerland Dear Mr. Alberdi: In your letter dated May 23, 2008, on behalf of Sancare USA LLC, you requested a tariff classification ruling. The sample which you submitted is being retained by this office. The subject product, Herax®, is an oral herbal supplement and consists of various homeopathic ingredients. According to your letter, it is indicated for the treatment of genital herpes, fever blisters and cold sores. It is packaged ready for retail sale in a 0.68 fl oz. glass bottle. The applicable subheading for the Herax® will be 3004.90.9110, Harmonized Tariff Schedule of the United States (HTSUS), 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: Anti-infective medicaments: 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 Director, National Commodity Specialist Division