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NY 811077




June 13, 1995
CLA-2-30:S:N:N7:238 811077

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Robert H. Schor, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of "Cervidil" (dinoprostone) vaginal insert, from the United Kingdom

Dear Mr. Schor:

In your letter dated May 30, 1995, on behalf of your client, Forest Laboratories, Inc., you requested a tariff classification ruling.

The subject product, designated by its brand name: "Cervidil", is a vaginal insert containing the drug, dinoprostone (commonly known as prostaglandin E2 or PGE2), as the active ingredient. The insert is composed of a thin, flat, polymeric slab, which is rectangular in shape and measures approximately 1 1/8" x 3/8". The slab, in turn, is contained within the pouch of a knitted polyester retrival system, an integral part of which is a long tape. Each slab contains 10 mg of dinoprostone. The product, which is imported put up in a sealed, foil packet, and sold to hospitals, is used to initiate or continue cervical ripening in pregnant women at or near term.

The applicable subheading for the subject product will be 3004.90.9090, 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: Other." The rate of duty will be free.

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 (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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