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NY I82847

June 14, 2002

CLA-2-30:RR:NC:2:238 I82847


TARIFF NO.: 3004.90.9176

Mr. Gustavo Rodriguez
South Pacific Flowers Inc.
2025 NW 102nd Avenue
Miami, FL 33172

RE: The tariff classification of Paltomiel® syrup, put up for retail sale in plastic bottles, from Chile

Dear Mr. Rodriguez:

In an undated letter, received by this office on June 4, 2002, you requested a tariff classification ruling.

The submitted sample, Paltomiel® syrup, consists of a plastic bottle, with a screw-on cap, containing 100 mL of a brownish liquid (“syrup”). The syrup is stated to be composed of the following ingredients: extracts of avocado and eucalyptus leaves, anise seed extract, honey, sucrose, methyl hydroxybenzoate, propyl hydroxybenzoate, and purified water. The product is characterized as a 100% natural cough and expectorant syrup.

The applicable subheading for the subject product will be 3004.90.9176, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Cough and cold preparations.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. With respect to your request for a classification ruling concerning Propolis Oral Solution and Propolis 500 tablets, please be advised that we require the following information in order to issue a ruling: 1) Are these products intended for the treatment or prevention of a specific disease or ailment? If not, then what, specifically, are they intended for? 2) We require an English translation of the wording appearing on the label affixed to the plastic bottle (for the oral solution) and the box (for the tablets). When this information is available, you may wish to resubmit your request.

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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