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NY H88024

February 14, 2002

CLA-2-30:RR:NC:2:238 H88024


TARIFF NO.: 3004.90.9135

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of Dapoxetine tablets from Canada

Dear Mr. Morgan:

In your letter dated January 22, 2002, on behalf of your client, Patheon, you requested a tariff classification ruling.

The subject product, Dapoxetine tablets, is a medicament containing the active ingredient, Dapoxetine, a serotonin reuptake inhibitor being developed as an investigational drug for the treatment of premature ejaculation. You have indicated to a member of my staff, in a telephone facsimile, dated February 11, 2002, that your client has advised you that the subject product is currently in Phase III clinical trials in the U.S.

The applicable subheading for Dapoxetine tablets will be 3004.90.9135, 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 central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents.” The general 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 646-733-3033.


Robert B. Swierupski

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