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NY 818467





February 9, 1996

CLA-2-30:RR:NC:FC:238 818467

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9085

David G. Norrell, Esq.
Kirkland & Ellis
655 Fifteenth Street
Washington, D.C. 20005

RE: The tariff classification of Albuterol inhalers, put up in packages for retail sale, from the United Kingdom

Dear Mr. Norrell:

In your letter dated January !9, 1995, on behalf of your client, Barre NMC, you requested a tariff classification ruling.

The subject product consists of inhalers containing the active ingredient, Albuterol (CAS-18559-94-9), which is a bronchodilator drug.

The applicable subheading for the subject product will be 3004.90.9085, 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 eyes, ears or respiratory system: 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 Part 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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