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NY 878010

September 9, 1992

CLA-2-30:S:N:N1:238 878010


TARIFF NO.: 3004.90.6045

Ms. Karen A. Busenburg
The Euro-American Bldg.
375 Airport Drive
Worcester, Ma 01602

RE: The tariff classification of Emla 5 % cream (lidocaine 2.5 % and prilocaine 2.5 %) a local anesthetic packed in 5 and 30 gram tubes for retail sale from Sweden

Dear :Ms. Busenburg

In your letter dated August 31, 1992, on behalf of Astra Pharmaceutical Corp.you requested a tariff classification ruling.

Emla cream contains the local anesthetics lidocaine and prilocaine plus other inert ingredients put up in 5 and 30 gram tubes for retail sale.

The applicable subheading for the Emla cream in tube form will be 3004.90.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicaments ...., put up for retail sale. The rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

In addition, you asked if the proposed graphics for the packages, cartons and shipping boxes meet the marking requirements of 19 U.S.C. 1304 and submitted photostatic copies of the master proof packages.

A review of the photostatic packaging indicates that the packages, cartons and the shipping boxes are identically marked to indicate the name of the product, its ingredients and are clearly marked to indicate that it is manufactured by Astra Pharmaceutical Production, AB Sodertalje, Sweden in close proximity to the marking ASTRA, Astra Pharmaceutical Products, Inc., Westborough, MA 01581. It is the opinion of this office that the Emla cream tubes and its packaging when marked in the manner described would satisfy the requirements of 19 U.S.C. 1304.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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