NY 838753 - The tariff classification of Thera Flu - flu and cold medicine and Thera Flu - flu, cold & cough medicine from Canada - United States International Trade Commision Rulings

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NY 838753

April 3, 1989

CLA:2:30:S:N:N1:238 838753

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6090

Mr. Dewan Afzal
Livingston International, Inc.
405 The West Mall
Ontario, Canada M9C5K7

RE: The tariff classification of Thera Flu - flu and cold medicine and Thera Flu - flu, cold & cough medicine from Canada

Dear Mr. Afzal:

In your letter dated March 20, 1989, on behalf of your client Sandoz Anca, you requested a tariff classification ruling.

The "Thera Flu" - flu and cold medicine consists of an analgesic, decongestant, antihistamine and inert ingredients. The "Thera Flu" - flu, cold & cough medicine consists of an analgesic, decongestant, antihistamine, cough suppresant and inert ingredients. Each of these products are separately packed into single dose paper packets and packed for retail sale.

The applicable subheading for both "Thera Flu" products will be 3004.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments put up in measured doses and packaged for retail sale. The rate of duty will be 6.3 percent ad valorem.

Goods classifiable under subheading 3004.90.6090, HTS, which have originated in the territory of Canada, will be entitled to a 5.6 percent ad valorem rate of duty under the United States/Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

With respect to country of origin marking requirements, unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 USC 1304), requires that every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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 (202) 443-3380.

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
Area Director,

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