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NY N004962

January 9, 2007



TARIFF NO.: 3004.90.1000

Eleanor Kelly-Kobayashi, Esq.
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of BD™ OVD 1% from Israel

Dear Ms. Kelly-Kobayashi:

In your letter dated December 29, 2006, on behalf of your client, Becton Dickinson & Company, you requested a tariff classification ruling.

The BD™ OVD 1% is a single-use ophthalmic viscosurgical device (OVD) consisting of a syringe, with cannula, filled with a viscoelastic preparation containing 10 mg/ml (1%) of sodium hyaluronate (mol. wt.: 3 million daltons) as the active ingredient. The product is indicated for use to protect the corneal endothelium during cataract extraction procedures, intraocular lens (IOL) implantation, and anterior segment surgery.

The applicable subheading for the subject product will be 3004.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicamentsconsisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured dosesor in forms or packings for retail sale: Other: Containing antigens or hyaluronic acid or its sodium salt.” The rate of duty will be free.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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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