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HQ 967212

June 16, 2004

CLA-2-RR:CR:GC 967212 IOR


Tariff No: 3004.90.9176

Angel Rodriguez
1776 On-The-Green
67 Park Place
Morristown, NJ 07960-103

RE: Modification of New York Ruling Letter (NYRL) K84840, dated April 20, 2004, concerning cherry flavored cough suppressant lozenge

Dear Mr. Rodriguez:

This is a letter modifying NYRL K84840, which was issued to you April 20, 2004 (a copy of which is enclosed). Since this is a modification of a prior interpretative ruling which has not been in effect for 60 days, and the modification is to correct a clerical error, the exclusions in section 625(c)(1), Tariff Act of 1930, (19 U.S.C. §1625(c)(1)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), are applicable and publication of this modification in the Customs Bulletin is not required.

NYRL K85247 pertained to the classification of four different cough suppressant lozenges, one of which was a cherry flavored lozenge. The cherry flavored lozenge is distinct from the two sugar-free lozenges because it contains 5.75 mg per dose of menthol. The cherry-flavored lozenge was classified under subheadings 2106.90.3900, HTSUS, and 3004.90.9176, HTSUS. In the paragraph pertaining to the lozenges classified in subheading 2106.90.3900, HTSUS, the word “cherry” was inadvertently included with the list of other flavors correctly classified in subheading 2106.90.3900, HTSUS, which provides for “[f]ood preparations not elsewhere specified or included: Other: Artificially sweetened cough drops.” It was intended that the cherry flavored lozenges be classified in subheading 3004.90.9176, HTSUS, which provides for “[m]edicamentsconsisting 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: Cough and cold preparations.”

We have concluded that a clerical error has occurred. Accordingly, NYRL K85247 is hereby modified to delete the term “cherry” from the description of the products falling in subheading 2106.90.39, HTSUS.


Myles B. Harmon, Director
Commercial Rulings Division

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