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NY 812814




July 26, 1995

CLA-2-30:S:N:N7:238 812814

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9080

Ms. Susan R. McCabe
The Hipage Company, Inc.
The Hipage Building
227 E. Plume Street
Norfolk, VA 23510

RE: The tariff classification of capsules containing the drug, diphenhydramine hydrochloride (CAS-147-24-0), as the active ingredient, from Canada

Dear Ms. McCabe:

In your letter dated July 10, 1995, on behalf of your client, Granutec, Inc., you requested a tariff classification ruling, as well as a country of origin marking ruling.

The subject product consists of capsules containing the antihistaminic drug, diphenhydramine hydrochloride, as the active ingredient. You indicate in your letter that your client intends to import diphenhydramine hydrochloride, in bulk form, from Japan to the United States, and mix it with pregelatinized starch and magnesium stearate (inactive ingredients), which are of U.S. origin. After mixing, the resulting product (bulk powder), along with empty capsule shells (also of U.S. origin), is shipped to your client's parent company in Canada for encapsulation. After encapsulation, the capsules are returned to your client in the U.S. for banding, blister packaging and labeling operations. The product is intended for distribution in the U.S. upon completion of all operations.

The applicable subheading for the imported capsules will be 3004.90.9080, 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: Other: Antihistamines." The general rate of duty rate of duty will be free.

With respect to your request for a country of origin marking ruling on the imported capsules, we suggest that you write directly to:

U.S. Customs Service Office of Regulations and Rulings Franklin Court
1301 Constitution Avenue, NW Washington, DC 20029 Attn: Special Classification Branch

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.

Sincerely,

Jean F. Maguire

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