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NY J82197




March 18, 2003

CLA-2-30:RR:NC:2:238 J82197

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9115

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

RE: The tariff classification of FLUOROPLEX® (fluorouracil) 1% Topical Cream and FLUOROPLEX® (fluorouracil) 1% Topical Solution, supplied put up in 30 g tubes and 30 ml plastic bottles with droppers, respectively, from Canada

Dear Ms. Fuller:

In your letter dated March 10, 2003, you requested a tariff classification ruling.

The subject products, FLUOROPLEX® (fluorouracil) 1% Topical Cream and FLUOROPLEX® (fluorouracil) 1% Topical Solution, are dermatological medicaments containing fluorouracil, an antineoplastic/antimetabolite drug, as the active ingredient. Both products are indicated for the topical treatment of multiple actinic (solar) keratoses.

The applicable subheading for the subject products will be 3004.90.9115, 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: Antineoplastic and immunosuppressive medicaments.” 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.

Sincerely,

Robert B. Swierupski

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