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NY N022624




February 6, 2008

CLA-2-30:OT:RR:E:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9185

Ms. Iliana G. Fuller
Allergan Inc.
2525 Dupont Drive
Irvine, CA 92612

RE: The tariff classification of Optive™ Lubricant Eye Drop

Dear Ms. Fuller:

In your letter dated January 30, 2008, you requested a tariff classification ruling.

The subject product, Optive™ Lubricant Eye Drop is an over the counter eye drop indicated for the treatment of dry eye symptoms. It provides temporary relief of burning, irritation, and discomfort from dryness of the eye or exposure to wind or sun. The Optive™ eye drop is put up for retail sale and consists of the active ingredients Carboxymethylcellulose Sodium (0.5%) and Glycerin.

The applicable subheading for the Optive™ Lubricant Eye Drop will be 3004.90.9185, 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: Medicaments primarily affecting the eyes, ears or respiratory system: Other: Other." 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.

Sincerely,

Robert B. Swierupski
Director,

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