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NY N007076

March 9, 2007



TARIFF NO.: 3004.90.9120

Ms. Elizabeth Burke
Oscient Pharmaceuticals
1000 Winter Street
Waltham, MA 02451

RE: The tariff classification of Antara® (fenofibrate) capsules from France

Dear Ms. Burke:

In your letter dated February 16, 2007, you requested a tariff classification ruling.

The subject product, Antara® (fenofibrate) capsules, is a medicinal preparation containing fenofibrate, a lipid-regulating agent, as the active ingredient. Antara® (fenofibrate) capsules are indicated for the treatment of hypercholesterolemia and hypertriglyceridemia. You indicate in your letter that the capsules will be imported packed in drums. You also indicate that, subsequent to importation, the capsules will be repacked into bottles for retail sale.

The applicable subheading for Antara® (fenofibrate) capsules will be 3004.90.9120, Harmonized Tariff Schedule of the United States (HTSUS), 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: Cardiovascular medicaments.” 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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