The tariff classification of ScarScience™ Scar Management Programme, from South Africa

N107696 June 8, 2010 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3005.10.1000 Mr. Alan Widgerow Adar Science 9 Waterway Irvine, CA 92614 RE: The tariff classification of ScarScience™ Scar Management Programme, from South Africa Dear Mr. Widgerow: In your letter dated May 27, 2010, you requested a tariff classification ruling. ScarScience™ is described as a unique Scar Management Programme scientifically formulated to improve the outcome of a scar. The aim of scar management is to produce a scar that is favorable in appearance and texture. Scar appearance depends on the type of wound, on the patient's inherent potential for good or poor scarring which is often genetically determined, and on the management of the scar. Based on your submission, and on information from the scarscience.co.za website, the merchandise is packaged for retail sale. The package contains a 50 ml tube of ScarScience™ Gel and a sterile, microporous medical tape. The chief ingredients and their functions are described as follows: Bulbine frutescens for collagen maturation and hydration, Dimethicone (silicone) for hydration and barrier on the skin, Oleuropein (pure phenolic olive leaf extract) for anti-inflammatory properties, glycoside extract from Centella asiatica (Asiaticoside, Asiatic acid, with traces of Madecassoside and Madecassic acid) for collagen maturation, and microporous tape for support and barrier on skin. Instructions for use are presented as follows: For best results, ScarScience™ must be used as close to wounding time as possible. Step 1: Apply tape directly over the scar after cleansing the area; Step 2: Apply ScarScience™ Gel to the surface of the tape; Step 3: Apply ScarScience™ Gel twice daily, cleaning off the tape & applying new gel; Step 4: Replace tape only when it comes away from the wound, 4-5 days; Step 5: Apply tape 2-6 weeks, depending on scar. Thereafter apply gel only up to 6 months or until scar has healed. The applicable subheading for the ScarScience™ Scar Management Programme will be 3005.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Adhesive dressings and other articles having an adhesive layer: Coated or impregnated with pharmaceutical substances.” 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/. You also enquired about the preferential duty treatment status of the merchandise under the African Growth and Opportunity Act (AGOA) and the Generalized System of Preferences (GSP). Since the merchandise is presently statutorily free, these programs do not obtain. 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