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NY H83006

July 17, 2001

CLA-2-30:RR:NC:2:238 H83006


TARIFF NO.: 3004.90.9085; 3307.90.0000

Ms. Iliana G. Fuller
Allergan, Inc.
2525 Dupont Drive
P.O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of Refresh Tears® and Refresh Contacts™

Dear Ms. Fuller:

In your letter dated June 19, 2001, you requested a tariff classification ruling.

The first submitted sample, Refresh Tears®, consists of a clear, colorless, sterile liquid containing sodium carboxymethycellulose (0.5%), as the active ingredient. The liquid is put up in a safety-sealed, plastic squeeze-bottle (0.5 fl. oz./bottle), which, in turn, is put up packed for retail sale in a paperboard package. The product is indicated for use as an eye lubricant for the temporary relief of burning, irritation and discomfort due to dryness of the eye or due to exposure to wind or sun. It is also indicated for use as a protectant against further irritation.

The second submitted sample, Refresh Contacts™, consists of a sterile, isotonic, buffered solution containing sodium carboxymethylcellulose, sodium chloride, boric acid, potassium chloride, calcium chloride, magnesium chloride, purified water, and a preservative. The solution is put up in a safety-sealed, plastic squeeze-bottle (0.4 fl. oz./bottle), which, in turn, is put up packed for retail sale in a paperboard package. The product is intended for use as a contact lens rewetting agent (before insertion) and as a lens lubricant (during actual wear), in order to reduce friction against the cornea and relieve such conditions as dryness, discomfort and irritation, which may be associated with lens wear. The applicable subheading for Refresh Tears® will be 3004.90.9085, 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: Other." The rate of duty will be free.

Pursuant to Explanatory Note 3307(V)(4), HTS, the applicable subheading for Refresh Contacts™ will be 3307.90.0000, HTS, which provides for “Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other. The rate of duty will be 5.4% ad valorem.

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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