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NY 818155




January 29, 1996
CLA-2-30:RR:NC:FC:238 818155

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Lisa Levaggi Borter, Esq.
Meeks & Sheppard
330 Madison Avenue, 39th Floor
New York, NY 10017

RE: The tariff classification of K-Y Long Acting Moisturizer, put up in single-use, plastic applicators, from Switzerland

Dear Ms. Borter:

In your letter dated January 9, 1996, on behalf of your client, Advanced Care Products, a division of Ortho Pharmaceutical Corporation, which is a subsidiary of Johnson & Johnson, you requested a tariff classification ruling.

The submitted sample consists of a single-use, plastic applicator containing a gel-type vaginal moisturizer. You state in your letter that the product is indicated for treatment of dryness in the vaginal cavity, caused by menopause, pregnancy, etc. You further state that the product is similar in purpose and composition to, among others, REPLENS , which is listed in the 1995 edition of the Physician's Desk Reference as a vaginal moisturizer. Each applicator contains approximately 2.5 to 3.0 grams of gel, and is individually packaged in a sealed foil pack. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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