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NY M86835

October 11, 2006

CLA-2-30:RR:NC:2:238 M86835


TARIFF NO.: 3004.90.9145

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
2 Cumberland Street (29401)
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of Play™ Longer from India

Dear Mr. Sirico:

In your letter dated September 18, 2006, on behalf of your client, SSL Americas, Inc., you requested a tariff classification ruling. A sample was submitted with your request.

The subject product, Play™ Longer, is a desensitizing lubricant for men containing benzocaine (a topical anesthetic) as the active ingredient. The product is intended for the prevention of premature ejaculation and climax control. It is supplied for retail sale in plastic tubes, each of which contains 1 oz. (28.4g) of lubricant.

The applicable subheading for the subject product will be 3004.90.9145, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Medicamentsconsisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.” The rate of duty will be free.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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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