CLA-2-33:RR:NC:2:240 L84878

Ms. Carol Vincent
Global Trade Compliance Manager
Advanced Medical Optics, Inc.
1700 E. Saint Andrew Place
Santa Ana, CA 92705

RE: The tariff classification of blink™ Contacts Lubricant Eye Drops, COMPLETE® Blink-N-Clean® Lens Drops, COMPLETE® MoisturePLUS™ Multi-Purpose Solution, COMPLETE® brand Moisture PLUS™ Lubricating and Rewetting Drops, Kirkland Multi-Purpose Solution and BJ’s Multi-Purpose Solution from Spain or China

Dear Ms. Vincent:

In your letter dated May 12, 2005 you requested a tariff classification ruling. Pictures of the above products and literature were submitted for review with your ruling request.

The Blink™ Contacts Lubricant Eye Drops consists of a sterile, buffered, isotonic, preserved solution containing purified water, sodium hyaluronate, sodium chloride, potassium chloride, calcium chloride, magnesium chloride, boric acid and a preservative. The solution is put up in a sealed, plastic squeeze-bottle (0.3 fl. oz./bottle) packed for retail sale in a paperboard package. You also state that the drops will be imported in 0.06 fl. oz. size bottles as samples, not for retail sale. The product is intended for use as a contact lens rewetting agent (before insertion) and as a lens lubricant (during actual wear) to moisturize and refresh tired dry eyes. The drops can be used with both soft and rigid gas permeable (RGP) contact lenses.

The COMPLETE® Blink-N-Clean® Lens Drops consists of a sterile, buffered, isotonic, preserved solution containing purified water, sodium chloride, tromethamine, hydroxypropyl methylcellulose, tyloxapol, edetate disodium and a preservative. The solution is put up in a sealed, plastic squeeze-bottle (0.6 fl. oz./bottle) and packed for retail sale in a paperboard package. You also state that the drops will be imported in 0.15 fl oz. bottles as samples, not for retail sale. A picture of the 0.15 fl. oz. bottle was provided, however, there was no indication that the item was a sample not for retail sale. The product is intended for use as a contact lens rewetting agent (before insertion) and as a lens lubricant (during actual wear) to reduce lens friction against the cornea. The drops can be used with soft, disposable and extended wear lenses.

The COMPLETE® MoisturePLUS™ Multi-Purpose Solution consists of a sterile, buffered, isotonic, preserved solution containing purified water, hydroxypropyl methylcellulose, propylene glycol, taurine, phosphate buffers, sodium chloride, potassium chloride, Poloxamer 237, edetate disodium and a preservative. The solution is put up in a sealed, plastic squeeze-bottle in a variety of sizes (2.0, 4.0, 12.0 and 16.0 fl. oz./ bottles.) The 12.0 and 16.0 fl. oz. bottles will be imported in twin packs put up for retail sale in paperboard packages. The product is intended for use to clean, disinfect, remove protein, condition and store any soft contact lens including conventional and silicon hydrogel lenses.

The COMPLETE® brand MoisturePLUS™ Lubricating and Rewetting Drops consists of a sterile, buffered, isotonic, preserved solution containing purified water, sodium chloride, tromethamine, hydroxypropyl methylcellulose, tyloxapol, edetate disodium and a preservative. The solution is put up in a sealed, plastic squeeze-bottle (0.45 fl. oz./ bottle) and packed for retail sale in a paperboard package. The product is intended for use as a contact lens rewetting agent (before insertion) and as a lens lubricant (during actual wear) to reduce lens friction against the cornea. The drops can be used with soft (hydrophilic) contact lenses.

The Kirkland Multi-Purpose Solution and BJ’s Multi-Purpose Solution, consisting of the same formula, are sterile, isotonic, buffered solutions containing purified water, a phosphate buffer, Poloxamer 237, edetate disodum, sodium chloride, potassium chloride and a preservative. The solutions are put up in sealed, plastic squeeze-bottles (16 fl. oz./ bottles) and packed for retail sale in paperboard packages. Each package will contain 3 bottles of solution. The products are intended for use to clean, disinfect and remove protein from any (hydrophilic) contact lenses. It also destroys harmful microorganisms on the surface of the lenses, and also rinses, conditions and stores the lenses.

The applicable subheading for the blink™ Contacts Lubricant Eye Drops, the COMPLETE® Blink-N-Clean® Lens Drops, the COMPLETE® MoisturePLUS™ Multi-Purpose Solution, the COMPLETE® brand Moisture PLUS™ Lubricating and Rewetting Drops and the Kirkland and BJ’s Multi-Purpose Solutions will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other….. The rate of duty will be 5.4 percent ad valorem.

A classification ruling regarding the samples can not be issued at this time. Please provide copies of the labels, which indicate products are “samples not for retail sale.”

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412. 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