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NY N009786

April 24, 2007



TARIFF NO.: 3004.90.9115

Ms. Denise V. Demkowicz
GeneraMedix Inc.
150 Allen Road
Liberty Corner, NJ 07938

RE: The tariff classification of Fluorouracil Injection, USP, 50 mg/mL, from India

Dear Ms. Demkowicz:

In your letter dated April 12, 2007, you requested a tariff classification ruling.

The subject product, Fluorouracil Injection, USP, 50 mg/mL, is an injectable medicament consisting of a solution of Fluorouracil (an antineoplastic drug; CAS-51-21-8) in water, to which sodium hydroxide has been added to adjust the pH. The product is supplied in 10 mL and 20 mL single-use vials and in 50 mL and 100 mL Pharmacy Bulk Vials.

The applicable subheading for the subject product will be 3004.90.9115, 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: Antineoplastic and immunosuppressive 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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