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NY G83046

October 6, 2000

CLA-2-30:RR:NC:2:238 G83046


TARIFF NO.: 3004.90.9085

Mr. Kevin R. Hussey
Schenker International Inc.
850 Calcon Hook Rd.
Sharon Hill, PA 19079

RE: The tariff classification of Quixen™ (levofloxacin ophthalmic solution) 0.5%, put up and dispensed in 2.5 mL and 5 mL plastic bottles, from Finland

Dear Mr. Hussey:

In your letter dated August 29, 2000, received by this office on October 4, 2000, on behalf of your client, Santen Incorporated, you requested a tariff classification ruling.

The subject product, Quixen™ (levofloxacin ophthalmic solution) 0.5%, is an ophthalmic medicament containing the antibacterial agent, Levofloxacin, as the active ingredient. It is indicated for the treatment of bacterial conjunctivitis, and (according to the submitted monograph) is put up and dispensed in 2.5 mL and 5 mL plastic bottles.

The applicable subheading for the subject product will be 3004.90.9085, 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 eyes, ears or respiratory system: 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 301-443-1544.

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 212-637-7068.


Robert B. Swierupski

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