The tariff classification of MittiHeal™ Natural Wound Care Powder in retail packaging from India

N083104 November 9, 2009 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9145 Ms. Kristy Thomas Trans-port International, Inc. P.O. Box 746 Charleston, SC 29402 RE: The tariff classification of MittiHeal™ Natural Wound Care Powder in retail packaging from India Dear Ms. Thomas: In your letter dated November 4, 2009, you requested a tariff classification ruling on behalf of Regranion LLC. The sample submitted will be retained by this office. The subject product, MittiHeal™ Natural Wound Care Powder, contains the active ingredients Calendula officinalis, a topical anti-inflammatory, and Arnica montana, a topical counterirritant. It also contains field mint powder, sandalwood powder and turmeric powder as inert ingredients. It is packed ready for retail sale in a 10 gram package. According to the packaging, it is indicated for the treatment of all types of acute, chronic and minor wounds including bedsores, pressure ulcers, minor scrapes and burns, etc. The applicable subheading for the MittiHeal™ Natural Wound Care Powder in retail packaging will be 3004.90.9145, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.” 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