The tariff classification of Amazon Cigarette Repulsor from Brazil

NY G87205 February 27, 2001 CLA-2-30:RR:NC:2:238 G87205 CATEGORY: Classification TARIFF NO.: 3004.90.9090 Mr. Ralph G. De La Rosa Imperial Freight Brokers, Inc. P.O. Box 522203 Miami, FL 33152 RE: The tariff classification of Amazon Cigarette Repulsor from Brazil Dear Mr. De La Rosa: In your letter dated January 19, 2001, on behalf of your client, Body Products Inc., you requested a tariff classification ruling. The submitted sample, Amazon Cigarette Repulsor, consists of a plastic pump-spray bottle containing a tincture of Lobelia inflata (15 ml). The bottle, in turn, is put up for retail sale in a paperboard container which, inter alia, bears the following words: “MOUTH HIGIENIC (sic) ANTI-TOBACCO NATURAL PRODUCT.” According to your letter, the product is intended as a natural deterrent to counteract the use of tobacco products. The package insert directs that the product be sprayed on the tongue when the desire to smoke occurs. The applicable subheading for the subject product will be 3004.90.9090, Harmonized Tariff Schedule of the United States (HTS), 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: Other." The rate of duty will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 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 212-637-7068. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division