CLA-2-33:OT:RR:NC:N3:136
Richard Davidson
RK Response, Inc.
222 Yamato Rd., #106-300 Boca Raton, FL 33431
RE: The tariff classification of Truly Clear Acne Patch from China
Dear Mr. Davidson:
In your letter dated July 29, 2023, you requested a tariff classification ruling on Truly Clear Acne Patch.
You state that the Truly Clear Acne Patch, derived from wound care practices, represents a hydrocolloid patch intended for the topical treatment of acne. It is formulated to act as a poultice, providing a solution for acne treatment. The patch draws out dirt and pus from skin pores when applied to the affected area. This product is designed for overnight use or as prescribed by healthcare professionals. You state that the Truly Clear Acne Patch is composed entirely of plant-based hydrocolloid, sourced from fruit pectin. The patch contains no adhesives, making it gentle and skin-friendly.
In your request, you suggest classification in subheading 3005.90, Harmonized Tariff Schedule of the United States (HTSUS); however, we disagree. We have determined that the subject product is not used for the treatment of a wound. In addition, the subject product is not considered a drug or medicament, because it lacks an active ingredient that treats acne.
The applicable subheading for the Truly Clear Acne Patch will be 3304.99.5000, HTSUS, which provides for: Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other. The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3304.99.5000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3304.99.5000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division