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NY H86020

December 13, 2001

CLA-2-30:RR:NC:2:238 H86020


TARIFF NO.: 3004.90.9085

Mr. Michael J. Keegan
Schenker, Inc.
Alexander Court 1, Bay 1-5
850 Calcon Hook Road
Sharon Hill, PA 19079

RE: The tariff classification of Alamast (pemirolast potassium ophthalmic solution) 0.1%, imported put up in 2.5 ml bottles, from Finland

Dear Mr. Keegan:

In your letter dated December 4, 2001, on behalf of your client, Santen Inc., you requested a tariff classification ruling.

The subject product, Alamast (pemirolast potassium ophthalmic solution) 0.1%, consists of a sterile, aqueous, ophthalmic solution containing 0.1% Pemirolast Potassium (CAS-100299-08-9) as the active ingredient. The product, which will be imported put up in 2.5 ml-size bottles, is indicated for topical administration to the eyes to prevent itching of the eye due to allergic conjunctivitis.

The applicable subheading for the subject product 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. Please note that this HTS number and duty rate are for the year 2001. As of the date of this letter, the 2002 HTS has not been published. As the HTS is subject to modification, especially at the beginning of a new year, we suggest that you check the United States International Trade Commission’s website at www.usitc.gov to confirm the 2002 HTS number and rate of duty. 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 646-733-3033.


Robert B. Swierupski

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