The tariff classification of Cosmic Fuel™ Energy Patch and a b.Wear™ Insect Protection Patch from Germany

N058321 May 12, 2009 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Mr. Bruno F. Romano Euro Cargo Express 154-09 146th Avenue Jamaica, New York 11434 RE: The tariff classification of Cosmic Fuel™ Energy Patch and a b.Wear™ Insect Protection Patch from Germany Dear Mr. Romano: In your letter dated April 16, 2009, you requested a tariff classification ruling on behalf of your client Brand New Marketing. The Energy Patch is a transdermal adhesive patch composed of 60% acrylates copolymer, 7.5% glycerin, 7.5% propylene glycol, 23% thiamine hydrochloride, also known as Vitamin B1 hydrochloride, 1% aloe barbadensis extract and minimal amounts of citric acid, sodium benzoate and potassium sorbate. The patch is applied to the skin absorbing the ingredients directly into the body. It is indicated for use as an alternative method to performance enhancement to increase stamina and energy. The Insect Protection Patch is also a transdermal adhesive patch containing the identical ingredients as the Energy Patch. The patch, which does not contain an insecticide or pesticide, is applied to the skin absorbing the ingredients directly into the body. It is indicated for use as an alternative means of protecting the body against dangerous and irritating insects. The applicable subheading for the Energy and Insect Protection Patches will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem. 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 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 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 Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division