CLA-2-30:RR:NC:2:238 H80274
Mr. Nohemy Valdivieso
Nohemy Custos Broker, Inc.
11222 La Cienega Blvd., Suite 135
Inglewood, CA 90304
RE: The tariff classification of Coralite Pain Relieving Patch from Korea
Dear Mr. Nohemy:
In your letter dated April 26, 2001, on behalf of your client, United Exchange Corporation, you requested a tariff classification ruling.
The submitted sample, Coralite Pain Relieving Patch, consists of a sealed, foil pack containing two self-adhesive rectangular patches constructed from textile material. The patches are indicated for the temporary relief of minor joint and muscle aches and pains associated with sprains, strains, arthritis, etc. Each patch measures 5¾” x 3?”, and has a piece of plastic film on one side adhering to the self-stick adhesive layer. The plastic film is peeled off to expose the adhesive prior to application to the skin. According to the label, each patch is impregnated with the following ingredients: water, glycerin, disodium edetate, tartaric acid, gelatin, polyvinyl alcohol, sodium polyacrylate, l-menthol, and mentha oil. Since the subject patches are not indicated for direct application to diseased or injured body tissue(s), e.g., application to wounds for protection, medication, immobilization, etc., it is our determination that they are excluded from classification as bandages or dressings, or articles similar thereto, within heading 3005, HTS. See Informed Compliance Publication entitled Wadding, Gauze, Bandages, and Similar Articles (Heading 3005, HTSUS), Customs Bulletin and Decisions, Vol. 34, No. 25, dated June 21, 2000.
The applicable subheading for the subject product will be 3004.90.9028, 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: Medicaments primarily affecting the central nervous system:
Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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