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NY I81539

July 2, 2002

CLA-2-30:RR:NC:2:238 I81539


TARIFF NO.: 3004.90.9190

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

RE: The tariff classification of MBX-102 tablets from Canada

Dear Mr. Morgan. :

In your letter dated April 29, 2002, on behalf of your client, Pateon Inc., you requested a tariff classification ruling.

The subject product, MBX-102 tablets, is a medicament containing the active ingredient (-)-Halofenate (CAS-24136-23-0), an antihyperlipoproteinemic agent and uricosuric agent. You state in your letter that the tablets will be imported for use in FDA-regulated Phase I clinical trials in order to evaluate the efficacy of (-)-Halofenate for the treatment of non-insulin-dependent Type II diabetes, and for lowering lipid levels.

Pursuant to the General Notice entitled Guidance in the Tariff Classification of Pharmaceutical Products Imported for Clinical Research (see Customs Bulletin and Decisions, Vol. 34, No. 21, May 24, 2000), the applicable subheading for the subject tablets will be 3004.90.9190, 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.” 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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