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NY 892186




January 6, 1994

CLA-2-:S:N:N7:238 892186

CATEGORY: CLASSIFICATION

TARIFF NO.: 2907.19.5000; 3003.90.0000; 3004.90.6030

Edward J. Moylan, RPh
Marsam Pharmaceuticals Inc.
Building 31, Olney Avenue
P.O. Box 1022
Cherry Hill, NJ 08034

RE: The tariff classification of Propofol (CAS- 2078-54-8), imported in bulk form; imported as the active ingredient in a soybean/egg lecithin/glycerol emulsion, not put up in measured doses or retail packaging; and imported as the active ingredient in a soybean/egg lecithin/glycerol emulsion, put up in finished dosage forms, from Finland

Dear Mr. Moylan:

In your letter dated November 1, 1993, you requested a tariff classification ruling.

Propofol is a sedative hypnotic agent for use in the induction and maintenance of anesthesia or sedation.

The applicable subheading for Propofol, in bulk form, will be 2907.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for phenols; phenol-alcohols: monophenols: other: other. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for Propofol imported as the active ingredient in a soybean/egg lecithin/glycerol emulsion, not put up in measured doses or retail packaging, will be 3003.90.0000, HTS, which provides for medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put in measured doses or in forms or packings for retail sale: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for Propofol imported as the active ingredient in a soybean/egg lecithin/glycerol emulsion, put up in individual dosage units (vials, syringes, ampules), will be 3004.90.6030, 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: anticonvulsants, hypnotics and sedatives. 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 (301) 443-6553.

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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