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NY 892523

December 7, 1993

CLA-2-30:S:N:N7:238 892523


TARIFF NO.: 3004.90.6045

Mr. A.E. Dunne
Leo Laboratories Limited
P.O. Box 81
285 Cashel Road
Dublin 12

RE: The tariff classification of Dovonex Ointment, put up in tubes of 30g, 60g and 100g for retail sale, from Ireland

Dear Mr. Dunne:

In your letter dated November 16, 1993, you requested a tariff classification ruling.

The subject merchandise, Dovonex Ointment, is a formulated product containing the active ingredient, Calcipotriene, an antipsoriatic drug. Although you indicate that Calcipotriene is an analog of Vitamin D, it does not possess any vitamin activity.

The applicable subheading for this product will be 3004.90.6045, 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: dermatological agents and local anesthetics." 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 (301) 443-6553.

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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