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NY A89446


November 25, 1996

CLA-2-30:RR:NC:2:238 A89446

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.20.0060

Robert H. Schor, Esq.

Barnes, Richardson & Colburn

475 Park Avenue South

New York, NY 10016

RE: The tariff classification of Monurol® (Fosfomycin tromethamine, CAS-78964-85-9), imported in single-dose, sealed-foil sachets, from Switzerland

Dear Mr. Schor:

In your letter dated November 12, 1996, on behalf of your client, Forest Laboratories, Inc., you requested a tariff classification ruling.

The subject product consists of single-dose, sealed-foil sachets containing Monurol®, in powder form, which is the trade name for Fosfomycin tromethamine, an antibiotic used as an antibacterial drug.

The applicable subheading for the subject product will be 3004.20.0060, 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: Containing other antibiotics: Other: Other." 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.

Sincerely,


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