CLA-2-33:OT:RR:NC:2:240
Ms. Iliana G. Fuller
Allergan
2525 Dupont Drive
P.O. Box 19534
Irvine, CA 92623-9534
RE: The tariff classification of Refresh Contacts®
Dear Ms. Fuller:
In your letter dated September 13, 2011 you requested a tariff classification ruling. Descriptive literature of the product was submitted for review with your ruling request.
Refresh Contacts® consists of a sterile, buffered, isotonic, preserved solution containing carboxymethylcellulose sodium, sodium chloride, boric acid, sodium borate decahydrate, potassium chloride, calcium chloride, magnesium chloride, purified water and a preservative. The solution is put up for retail sale in a 0.4 fluid ounce plastic squeeze bottle. The product is indicated for use as a contact lens rewetting agent before insertion and as a lens lubricate during actual wear to reduce lens friction against the cornea. The drops can be used with both soft and rigid gas permeable (RGP) contact lenses.
The applicable subheading for the Refresh Contacts® will be 3307.90, 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.
Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are 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 (301) 436-1130.
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 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 (646) 733-3268.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division