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NY 854460


August 14, 1990

CLA-2-30:S:N:N1:238 854460

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Mr. Norman C. Gilbert
Marcus Research Laboratory, Inc.
1820 Delmar Blvd.
St. Louis, MO 63103

RE: The tariff classification of povidone-iodine, U.S.P. in bulk form from West Germany.

Dear Mr. Gilbert:

In your letter dated July 5, 1990 you requested a tariff classification ruling.

Povidone-iodine, U.S.P. is a topical anti-infective drug having the chemical name 1-ethenyl-2-pyrrolidinone homopolymer compounded with iodine. It is also known as polyvinylpyrrolidone-iodine, U.S.P and PVP-iodine. This product is a loose complex of elemental iodine with povidone (a polymer) as a carrier molecule, which serves as a sustained-release reservoir of iodine.
For tariff purposes this sustained-release medicament is considered to be a preparation that is similar to a "Retarded- effect medicament" in which a medicinal component is fixed to a polymer exchanger ( see Explanatory Notes, page 437, regarding "Retarded-effect medicaments".

The applicable subheading for the povidone-iodine, U.S.P. will be 3003.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Medicaments (excluding goods of heading 3002,3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale" . The rate of duty will be 6.0 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

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