The tariff classification of JUVÉDERM® Ultra XC and JUVÉDERM® Ultra Plus XC from France

N084982 December 11, 2009 CLA-2-33:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3304.99.5000 Mr. Daniel Hong Allergan, Inc. 2525 Dupont Drive Irvine, CA 92612 RE: The tariff classification of JUVÉDERM® Ultra XC and JUVÉDERM® Ultra Plus XC from France Dear Mr. Hong: In your letter dated November 18, 2009, you requested a tariff classification ruling. JUVÉDERM® Ultra XC and JUVÉDERM® Ultra Plus XC, consist of cross-linked hyaluronic acid, and are formulated to a concentration of 24 mg/mL with 0.3% w/w lidocaine, a local anesthetic. JUVÉDERM® Ultra XC and JUVÉDERM® Ultra Plus XC, supplied in individual treatment syringes with 30-G needles for single-patient use, are indicated for injection into the mid to deep dermis for correction of moderate to severe facial wrinkles and folds (such as nasolabial folds). JUVÉDERM™ Ultra XC and JUVÉDERM® Ultra Plus XC temporarily add volume to facial tissue and restore a smoother appearance to the face. The applicable subheading for the JUVÉDERM® Ultra XC and JUVÉDERM® Ultra Plus XC will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other. The rate of duty will be free. Perfumery, cosmetic, and toiletry products are 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 U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130. 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 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 Stephanie Joseph at (646) 733-3268. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division