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NY H83201

July 11, 2001

CLA-2-30:RR:NC:2:238 H83201


TARIFF NO.: 3004.90.9045

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

RE: The tariff classification of TAZORAC® (tazarotene topical gel)

Dear Ms. Fuller:

In your letter dated June 27, 2001, you requested a tariff classification ruling.

The submitted sample, TAZORAC® (tazarotene topical gel), consists of a translucent, aqueous gel containing 0.05% (w/w) of tazarotene (CAS-118292-40-3), a keratolytic drug indicated for the topical treatment of psoriasis and facial acne vulgaris, as the active ingredient. The gel is supplied put up in collapsible aluminum tubes, in 30 gm and 100 gm sizes. The aluminum tubes, in turn, are put up packed for retail sale in paperboard boxes. Both sizes are also available in a formulation containing 0.1% (w/w) of tazarotene.

The applicable subheading for TAZORAC® (tazarotene topical gel), put up for retail sale in collapsible aluminum tubes, will be 3004.90.9045, 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: Dermatological agents and local anesthetics." 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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