The tariff classification of Satin Smooth Res-Q Topical Analgesic Soothing Gel and Satin Smooth Res-Q Analgesic Topical Pain Relief Spray from Canada

N256235 September 8, 2014 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9145 Ms. Kathy Trotta Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: The tariff classification of Satin Smooth Res-Q Topical Analgesic Soothing Gel and Satin Smooth Res-Q Analgesic Topical Pain Relief Spray from Canada Dear Ms. Trotta: In your letter dated August 6, 2014 you requested a tariff classification ruling. Representative samples were submitted with your request and will be returned to you. Satin Smooth Res-Q Topical Analgesic Soothing Gel, is a water based gel containing the active ingredient, lidocaine hydrochloride 4%. Imported in 3 ounce tubes and packaged for retail sale, this medicinal preparation is indicated for the temporary relief of pain and/or itching associated with minor burns, sunburn, minor cuts, scrapes, insect bites or minor skin irritations. Satin Smooth Res-Q Analgesic Topical Pain Relief Spray, is a water based spray containing the active ingredient, lidocaine hydrochloride 4%. Imported in 2 ounce bottles and packaged for retail sale, this medicinal preparation is indicated for the temporary relief of pain and/or itching associated with minor burns, sunburn, minor cuts, scrapes, insect bites or minor skin irritations. The applicable subheading for the Satin Smooth Res-Q Topical Analgesic Soothing Gel and the Satin Smooth Res-Q Analgesic Topical Pain Relief Spray will be 3004.90.9145, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Medicaments (excluding goods of heading 3002, 3005 or 3006) 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 Judy Lee at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division