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NY 882158





February 24, 1993

CLA-2-30:S:N:N7:238 882158

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6040; 3004.90.6003

Mr. Thomas G. Slager
Anaquest Inc.
110 Allen Road
PO Box 804
Liberty Corner, NJ 07938-0804

RE: The tariff classification of Isoflurane (CAS Reg. No. 26675- 46-7), an inhalation anesthetic for both human and veterinary use, put up in 100 mL bottles, from England

Dear Mr. Slager:

In your letter dated January 27, 1993, you requested a tariff classification ruling.

Isoflurane (1-chloro-2,2,2-trifluoroethyl difluoromethyl ether) is an inhalation anesthetic, which, you indicate, is marketed by your firm under the registered names of "Forane" (for human use) and "AErrane" (for veterinary use). The product will be imported put up in 100 mL amber-colored bottles.

The applicable subheading for this product, when used on humans, will be 3004.90.6040, Harmonized Tariff Schedule of the United States (HTS), 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: other. The rate of duty will be 6.3 percent ad valorem. The applicable subheading for this product, when used on animals, will be 3004.90.6003, HTS, which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in forms or packings for retail sale: other: other: for veterinary use. 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, MD 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

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