N329306 N3 Ruling Active

The tariff classification of the Welly Health Body Acne Spray from Canada

Issued December 7, 2022 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3004.90.9245

Headings: 3004

Product description

The Welly Health Body Acne Spray is a medicinal preparation containing 1% salicylic acid as the active ingredient. It is indicated only for the treatment of acne and will be packaged in 7 fluid ounces (207 mL) spray bottles.

CBP rationale

The applicable subheading for the Welly Health Body Acne Spray will be 3004.90.9245, 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 … or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.

Full text

N329306 December 7, 2022 CLA-2-30:OT:RR:NC:N3:138 CATEGORY: Classification TARIFF NO.: 3004.90.9245 Mrs. Cathy Lopez C.H. Robinson International 2106 East State Highway 114 Southlake, TX 76092 RE: The tariff classification of the Welly Health Body Acne Spray from Canada Dear Mrs. Lopez: In your letter dated November 11, 2022, on behalf of Welly Health PBC, you requested a tariff classification ruling. The Welly Health Body Acne Spray is a medicinal preparation containing 1% salicylic acid as the active ingredient. It is indicated only for the treatment of acne and will be packaged in 7 fluid ounces (207 mL) spray bottles. The applicable subheading for the Welly Health Body Acne Spray will be 3004.90.9245, 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 … 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 the World Wide Web at https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division

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