CLA-2-12:RR:NC:2:238 B80923
Ms. Gayle Pike
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80217
RE: The tariff classification of "EMPRESS'S SECRET" Herbal Pad
for Feminine Hygiene from China
Dear Ms. Pike:
In your letter dated December 12, 1996, on behalf of your
client, Nature Net, you requested a tariff classification ruling.
Additional submissions were made to this office on January 10,
1997, and February 3, 1997.
The submitted sample, "EMPRESS'S SECRET" Herbal Pad for
Feminine Hygiene, consists of a disposable, herb-filled pad,
measuring 2 1/4" x 6 1/4". An adhesive strip runs the length of
the pad, on one side. The packaging material, in which the pads
are put up for retail sale, was also submitted, and states that
they are made of cotton, and filled with various herbs,
including: saussura, involucrata, cridium, phellodendrum, etc.
The packaging material also directs the wearer to " ... place pad
inside undergarment against vagina/perineum." In your letter of
January 10, 1997, you state that the pad is not used to treat
gynecological disorders. Rather, you indicate that the pads are
used " ... for well being/hygiene/cosmetic purposes." Further,
in your letter of February 3, 1997, you state that, "Women can
use this pad to maintain their well being and femininity because
it is a fresh, cooling feeling of cleanliness and imparts a
pleasing earthy aroma." In our opinion, the essential character
of the pad is imparted by the herbs.
The applicable subheading for the subject product will be
1211.90.8090, Harmonized Tariff Schedule of the United States
(HTS), which provides for: "Plants and parts of plants (including
seeds and fruits), of a kind used primarily in perfumery, in
pharmacy or for insecticidal, fungicidal or similar purposes,
fresh or dried, whether or not cut, crushed or powdered: 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) 443-6553.
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
Cornelius Reilly at 212-466-5770.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division