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NY K87316

July 1, 2004
CLA-2-30:RR:NC:2:238 K87316


TARIFF NO.: 3004.90.9128

Ms. Barbara J. Azzaretti
A & Z Pharmaceutical Inc.
180 Oser Avenue, Suite 300
Hauppauge, NY 11788

RE: The tariff classification of acetaminophen tablets and caplets from China

Dear Ms. Azzaretti:

In your letter dated June 11, 2004, you requested a tariff classification ruling.

The first and second products consist of tablets containing 325mg and 500mg, respectively, of acetaminophen as the active ingredient. The third product consists of caplets containing 500mg of acetaminophen as the active ingredient. Acetaminophen is indicated for use as an analgesic, antipyretic and anti-inflammatory drug. The 325mg and 500mg tablets will be supplied in plastic bottles containing 100 tablets and 50 tablets, respectively, per bottle. The 500mg caplets will be supplied in plastic bottles containing 40 caplets per bottle. The bottles, in turn, will be packaged in paperboard boxes for retail sale.

The applicable subheading for all three products will be 3004.90.9128, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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 1-888-443-6332.

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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