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NY R04609




September 5, 2006

CLA-2-33:RR:E:NC:2:240 R04609

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.99.5000

Ms. Iliana G. Fuller
Alergan Sales, LLC
2525 Dupont Drive
Irvine, CA 92612

RE: The tariff classification of JUVẺDERM™ Dermal Filler, from France

Dear Ms. Fuller:

In your letter dated August 11, 1006 you requested a tariff classification ruling.

JUVẺDERM™ Dermal Filler is a sterile gel implant put up in a pre-filled syringe containing a viscoelastic, transparent hyaluronic acid gel. JUVẺDERM™ Dermal Filler is a skin care preparation indicated for use in the correction of facial wrinkles, acne scars, and other soft tissue contour deformities. The gel is imported in three different concentrations, JUVẺDERM™24HV, JUVẺDERM™ 30HV and JUVẺDERM™ 30. The different formulations provide flexibility to tailor each treatment to the particular needs of the patient.

 The applicable subheading for JUVẺDERM™ Dermal Filler will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations. The rate of duty will be free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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