The tariff classification of PROBIOSTAT® Vaginal from Canada

N216921 May 23, 2012 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9110 Mr. Rick Dumas UPS Supply Chain Solutions One UPS Way Champlain, NY 12919 RE: The tariff classification of PROBIOSTAT® Vaginal from Canada Dear Mr. Dumas: In your letter dated May 7, 2012, you requested a tariff classification ruling on behalf of Berry Naturals of Calgary, Alberta, Canada. The sample submitted to this office will be retained for reference only. The subject product, PROBIOSTAT® Vaginal, is put up in capsule form consisting of a blend of 5 strains of bacteria: Lactobacillus delbrueckii ssp.bulgaricus, Lactobacillus thermophilus, Lactobacillus rhamnosus, Lactobacillus acidophilus and Lactobacillus casei. It also consists of the following ingredients: ascorbic acid, gelatin, magnesium stearate and maltodextrin. According to your client’s website at www.berrynaturals.ca, PROBIOSTAT® Vaginal aids in restoring the vaginal flora by introducing lactic acid bacteria directly into the vaginal environment. It also claims the product is used for the prevention and treatment of specific and non-specific vaginal infections. PROBIOSTAT® Vaginal is put up in a plastic bottle containing 10 capsules. The label affixed to the front of the bottle states “adjunctive treatment for vaginal infections to restore and maintain normal vaginal flora” and dosage instructions on the back states “use 1 capsule at bedtime for 10 consecutive days or as directed by your physician or healthcare practitioner.” The bottle containing 10 vaginal capsules along with the plastic applicator is packaged ready for retail sale inside a printed box. The applicable subheading for the Probiostat® Vaginal will be 3004.90.9110, 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 … or in forms or packings for retail sale: Other: Other: Other: Anti-infective medicaments: 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division