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NY N023879

March 14, 2008



TARIFF NO.: 3004.90.9135

Mr. Colm Moynihan
NorthStar Healthcare Limited
3300 Cork Airport Business Park
Kinsale Road
Cork, Ireland

RE: The tariff classification of Eszopiclone (CAS-138729-47-2) imported in dosage/tablet form, from India

Dear Mr. Moynihan:

In your letter dated February 26, 2008, you requested a tariff classification ruling.

The subject product, Eszopiclone is a medicinal preparation containing Eszopiclone, a nonbenzodiazepine hypnotic agent, as the active ingredient. It is indicated for the treatment of insomnia.

The applicable subheading for the Eszopiclone in dosage/tablet form will 3004.90.9135, 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 central nervous system: Antidepressants, tranquilizers, and other psychotherapeutic agents." 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 Controlled Substances Act, which is administered by the U.S. Drug Enforcement Administration (DEA), Office of Diversion Control. Information on the Controlled Substances Act can be obtained by contacting the DEA at (800) 882-9539, or by visiting their website at www.dea.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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