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NY 857676


NOV 20 1990

CLA-2-30:S:N:N1:238 857676

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6090

Mr. Robert Haas
A. N. Deringer, Inc.
1010 Niagara Street
Buffalo, New York 14213

RE: The tariff classification of F3 Breath Freshener lozenges from West Germany.

Dear Mr. Haas:

In your letter dated October 26, 1990 you requested a tariff classification ruling on behalf of your client, The Russell Lloyd Corp.

The F3 Breath Freshner lozenges are packaged in a box with the following listed ingredients in quantitative order: sugar, chlorophyll, orange extract, and lemon syrup. The chlorophyll present as the second largest ingredient serves to freshen and neutralize bad breath.

The applicable subheading for the F3 Breath Freshner lozenges will be 3004.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other, other 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. The rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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