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NY D82769

September 29, 1998

CLA-2-30:RR:NC:2:238 D82769


TARIFF NO.: 3004.90.9050

Mr. Gary Selander
A Pharma USA, Inc.
67 Veronica Avenue, Unit 10
Somerset, NJ 08873

RE: The tariff classification of Agoral liquid laxative, put up in 8 oz.and 16 oz. plastic bottles, from Canada

Dear Mr. Selander:

In your letter dated August 24, 1998, resubmitted on September 22, 1998, you requested a tariff classification ruling.

The subject product, Agoral , which is described on the (submitted) product label as a "Natural Herbal Laxative," consists of a prepared laxative, in liquid form, containing "Standardized Senna Concentrate" as the active ingredient. According to the aforementioned label, the product is indicated for relief of occasional constipation.

The applicable subheading for the subject product will be 3004.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "[M]edicaments ... 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 digestive system: Laxatives." The general 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 Harvey Kuperstein at 212-466-5770.


Robert B. Swierupski

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