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NY H86100

December 11, 2001

CLA-2-33:RR:NC:2:240 H86100


TARIFF NO.:3304.99.5000

Ms. Debra R. McIntyre
Nature ‘s Secrets
1708 Mahalo Place
Dominguez Hills, CA 90220

RE: The tariff classification of Myrtle Solution from Iran

Dear Ms. McIntyre:

In your letter dated November 5, 2001 you requested a tariff classification ruling.

Your inquiry concerns the importation and classification of Myrtle Solution from Iran. A sample and literature were submitted with your inquiry. Your analysis indicates the product is composed of myrtle essential oil, butyl hydroxy toluene and ethyl alcohol. The product, imported in a small retail bottle, is to be marketed for topical use and/or as an herbal dietary supplement. Your literature and labels, however, indicate the suggested use as a topical agent. There is no indication of use as an herbal supplement.

The applicable subheading for the Myrtle Solution will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), 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. Except as specifically authorized, no goods or services of Iranian origin may be imported into the United States 31 CFR 560.201 (certain exceptions, inapplicable in this case, are listed in section 560.534)). 31 CFR 560.534 allows for the importation of product used exclusively as foodstuffs intended for human consumption that are classified under Chapters 2-23 of the Harmonized Tariff Schedules of the United States. Myrtle Solution is exclusively used topically. It does not qualify under31 CFR 560.534, therefore, importation of the Myrtle Solution is prohibited.

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.


Robert B. Swierupski

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