The tariff classification of Topical Aerosol Skin Refrigerant

N178998 August 22, 2011 CLA-2-30:OT:RR:E:NC:N2:N238 CATEGORY: Classification TARIFF NO.: 3004.90.9145 Mr. Douglas Nicholl Gebauer Company 4444 East 153rd Street Cleveland, OH 44128 RE: The tariff classification of Topical Aerosol Skin Refrigerant Dear Mr. Nicholl: In your letter dated August 5, 2011, you requested a tariff classification ruling. You provided an MSDS and Technical Data sheet for our review. You did not provide a sample. The subject article, Gebauer’s Pain Ease® Topical Aerosol Skin Refrigerant, is a colorless liquid that produces a cooling temporary anesthetic effect upon contact with skin, intact mucous membranes and minor open wounds. It is delivered in the form of an aerosol in either a mist or medium stream spray that evaporates from the surface target area immediately after application. Pain Ease® Topical Aerosol Skin Refrigerant is used as a pre-injection anesthesia and a topical anesthesia for minor surgical procedures. It is also indicated for the temporary relief of pain associated with sports injuries such as contusion, sprains, bruising, cuts and abrasion. It is put up ready for retail sale in 3.5 fluid ounce aerosol cans and will only be available to licensed health care practitioners or by prescription. The applicable subheading for the Gebauer’s Pain Ease® Topical Aerosol Skin Refrigerant 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 the National Import Specialist at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division