The tariff classification of Tyn Man’s Tincture in dosage form, from India

N097701 March 23, 2010 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9128 Ms. Kristy Thomas Trans-Port International, Inc. P.O. Box 746 Charleston, SC 29402 RE: The tariff classification of Tyn Man’s Tincture in dosage form, from India Dear Ms. Thomas: In your letter dated March 16, 2010, you requested a tariff classification ruling. The sample submitted will be retained by this office for reference. The subject product, Tyn Man’s Tincture, is a homeopathic joint and muscle pain reliever. The sample submitted is packaged ready for retail sale in a 3.4 fluid oz. plastic bottle with a screw on top and a dosing cup on top of the bottle cap. The label on the bottle lists the following ingredients: natrum salicylicum, kalium lodatum, caffen, natrium citricum, cimicifuga alcohol, syrup and aromatics. The outer packaging of the box lists directions and ingredients and claims the tincture calms inflammation, soothes aching muscles and eases arthritis pain. The applicable subheading for Tyn Man’s Tincture, imported in dosage form ready for retail sale will be 3004.90.9128, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division