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NY 889301




September 8, 1993

CLA-2-30:S:N:N7:238 889301

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Mr. Tom Press
BDP International Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of "Zink Pyrion" antidandruff medicament, imported in bulk form, from Germany

Dear Mr. Press:

In your letter dated July 14, 1993, resubmitted on August 9, 1993, on behalf of your client, Ruetgers-Nease, you requested a tariff classification ruling.

The subject merchandise, which is referred to as "Zink Pyrion", is an antidandruff medicament containing the active ingredient, Zinc pyrithione [CAS 13463-41-7 (approximately 48% by weight)], in aqueous suspension. In addition to water, the product also contains the inert ingredients, carboxymethylcellulose (suspending agent), and "darvon" (dispersing agent). You indicate that the product will be imported put up in 60 pound pails.

The applicable subheading for the subject merchandise will be 3003.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: other. The rate of duty will be 6 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) 857-8400.

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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