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NY H88959

March 12, 2002

CLA-2-30:RR:NC:2:238 H88959


TARIFF NO.: 3004.90.9110

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 FLOXIN® Otic (ofloxacin otic solution) 0.3%, imported put up in plastic single-dispensing containers, from Finland

Dear Mr. Keegan:

In your letter dated February 27, 2002, on behalf of your client, Santen Inc., you requested a tariff classification ruling.

The subject product, FLOXIN® Otic (ofloxacin otic solution) 0.3%, is a topical anti-infective medicament containing the antibacterial drug Ofloxacin (0.3 mg/mL) as the active ingredient. FLOXIN® Otic is indicated for the treatment of infections of the ear canal and middle ear, and will be supplied put up in plastic single-dispensing containers (0.25 mL per container).

The applicable subheading for the subject product will be 3004.90.9110, 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: Anti-infective medicaments: 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 646-733-3033.


Robert B. Swierupski

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