The tariff classification of Berberis Antiseptic Cream in dosage form, from India

N097702 March 23, 2010 CLA-2-30:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9145 Ms. Kristy Thomas Trans-Port International, Inc. P.O. Box 746 Charleston, SC 29402 RE: The tariff classification of Berberis Antiseptic Cream in dosage form, from India Dear Ms. Thomas: In your letter dated March 16, 2010, you requested a tariff classification ruling on behalf of Regranion LLC. The sample submitted will be retained by this office for reference. The subject product, Berberis Antiseptic Cream is a homeopathic antiseptic cream. The sample submitted is packaged ready for retail sale in a 21 gram tube. The label on the tube lists the following ingredients: berberis aquifolium, calendula, hydrastis Canadensis, acid boric, zinc oxide, borax, calcium sulphate, antimonium crudum and alcohol. The outer packaging of the box lists the directions, ingredients and claims the berberis cleanses pores, and clears complexion. The applicable subheading for Berberis Antiseptic Cream, imported in dosage form ready for retail sale will be 3004.90.9145, 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: 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division