The tariff classification of Muscle Care™ gels and ointments imported in packings for retail sale, from Canada

N106379 June 2, 2010 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9128 Ms. Carolyn Leski BCB International Inc. 1010 Niagara Street Buffalo, NY 14213 RE: The tariff classification of Muscle Care™ gels and ointments imported in packings for retail sale, from Canada Dear Ms. Leski: In your letter dated May 18, 2010, on behalf of your client, Active & Innovative Inc., you requested a tariff classification ruling. The subject products, Muscle Care™ topical gels and ointments, contain the active ingredients camphor (4 % by weight) and menthol (4 %-10% by weight). They are indicated for the temporary relief of minor aches and pains of muscles and joints associated with simple backache, arthritis, strains and bruises, etc. They will be imported ready for retail sale in either gel or ointment formulation in bottles and tubes in various sizes. The applicable subheading for the Muscle Care™ products imported in dosage form, will be 3004.90.9128, Harmonized Tariff Schedule of the United States (HTSUS), which provides, “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: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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