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NY B88637

August 25, 1997

CLA-2-30:RR:NC:2:238 B88637


TARIFF NO.: 3004.90.9020

Mr. Chris Young Cha
Trans Freight Services Inc.
147-27 175th Street
Jamaica, NY 11434

RE: The tariff classification of MYUNG SHIM capsules from Korea

Dear Mr. Cha:

In your letter dated June 19, 1997, resubmitted August 8, 1997, on behalf of your client, Barunson America, Inc., you requested a tariff classification ruling.

The submitted sample consists of capsules containing 150mg of freeze-dried powder of Lumbricus rubellus (the scientific name for a type of earthworm). The product is claimed to possess thrombolytic properties, and is indicated for use to improve blood circulation. The capsules are put up in three blister packs (10 per pack), which are sealed, along with product literature, in a foil packet. The foil packet, in turn, is put up in a paperboard box for retail sale.

The applicable subheading for MYUNG SHIM capsules will be 3004.90.9020, 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: Cardiovascular medicaments." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Cornelius Reilly at 212-466-5770.


Gwenn Klein Kirschner

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