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NY 890868

October 22, 1993

CLA-2-29:S:N:N7:238 890868


TARIFF NO.: 2916.39.4000; 3004.90.6028

Mr. Edmundo Rodriguez
Nestor Reyes, Inc.
P.O. Box 4528
Old San Juan Station
San Juan, PR 00902-4528

RE: The tariff classification of Flurbiprofen (CAS 5104-49-4), in bulk form, from England; and "Ansaid" (flurbiprofen) tablets, imported from a foreign trade subzone

Dear Mr. Rodriguez:

In your letter dated September 16, 1993, on behalf of your client, The Upjohn Manufacturing Company, you requested a tariff classification ruling.

Flurbiprofen is a non-steroidal, anti- inflammatory drug. When put up in tablet form, with flurbiprofen as the active ingredient, you state that the product is designated by your client's trade name, "Ansaid". You also state in your letter that, in addition to importing Flurbiprofen in bulk form, your client is contemplating the manufacture of "Ansaid" tablets in a foreign trade subzone from bulk flurbiprofen imported into the subzone. The tablets would then be entered for consumption from the subzone. Please be advised that any questions you may have concerning foreign trade subzones, including country-of-origin marking requirements for merchandise entered for consumption from a foreign trade subzone, should be directed to:

U.S. Customs Service
Office of Regulations & Rulings
Franklin Court
1301 Constitution Avenue, NW
Washington, DC 20029
Attn: Commercial Rulings

The applicable subheading for Flurbiprofen, imported in bulk form and entered for consumption in its condition as imported, will be 2916.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: other: other: other: products described in additional U.S. note 3 to section VI. The rate of duty will be 13.5 percent ad valorem.

The applicable subheading for "Ansaid" tablets, entered for consumption from a foreign trade subzone, will be 3004.90.6028, 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 central nervous system: analgesics, antipyretics and nonhormonal anti-inflammatory agents: other. 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, MD 20857, telephone number (202) 857-8400.

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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