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NY A89701




December 3, 1996

CLA-2-30:RR:NC:2:238 A89701

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Ms. Mary R. Lynn
John S. Conner, Inc.
World Trade Center
401 E. Pratt Street, Suite 700
Baltimore, MD 21202

RE: The tariff classification of Minoxidil Topical Solution 2%, put up in 60 ml (2 fl oz) bottles, from Venezuela

Dear Ms. Lynn:

In your letter dated October 17, 1996, resubmitted on November 22, 1996, on behalf of your client, BioTech Hair International, Inc., you requested a tariff classification ruling.

The submitted sample, Minoxidil Topical Solution 2%, consists of a plastic bottle containing 60 ml (2 fl oz) of a 2% solution of Minoxidil (CAS-38304-91-5). It is applied topically to the scalp to stimulate regrowth of hair.

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 requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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