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NY I82235

June 11, 2002

CLA-2-33:RR:NC:2:240 I82235


TARIFF NO.: 3307.90.0000

Ms. Iliana G. Fuller
2525 Dupont Drive
P.O. Box 19534
Irvine, California, 92623-9534

RE: The tariff classification of COMPLETE® brand ComfortPLUS™

Dear Ms. Fuller:

In your letter dated May 24, 2002, you requested a tariff classification ruling.

A sample of COMPLETE® brand ComfortPLUS™ was submitted for review. The item packaged for retail sale, is a multi-purpose contact lens kit. It consists of a 4-ounce bottle of multi-purpose solution and a lens case. The solution contains phosphate, potassium chloride, sodium chloride, edetate disodium, poloxamer 237, hydroxypropyl methyl cellulose and polyhexamethylene biguanide and indicated for use in cleaning disinfecting and removing protein. The lens case and the solution are designed to be used together. For tariff classification purposes, the items will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the multi-purpose solution.

The applicable subheading for COMPLETE® brand ComfortPLUS™ will be 3307.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other perfumery, cosmetic or toilet preparations, not elsewhere specified or included. The duty rate will be 5.4 percent.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857

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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