NY F85460 - The tariff classification of Fluticasone Propionate (CAS-80474-14-2), imported in bulk form; and CUTIVATE® Cream, CUTIVATE® Ointment, FLONASE® Nasal Spray, FLOVENT® Inhalation Aerosol, and FLOVENT® ROTADISK®, imported put up in measured doses or in forms or packings for retail sale, from the United Kingdom, France, Italy, Canada, Singapore, etc. - United States International Trade Commision Rulings

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NY F85460

April 18, 2000

CLA-2-29:RR:NC:2:238 F85460

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.22.0000; 3004.39.0050

Robert L. Eisen, Esq.
Christopher E. Pey, Esq.
Coudert Brothers
1114 Avenue of the Americas
New York, NY 10036-7703

RE: The tariff classification of Fluticasone Propionate (CAS-80474-14-2), imported in bulk form; and CUTIVATE® Cream, CUTIVATE® Ointment, FLONASE® Nasal Spray, FLOVENT® Inhalation Aerosol, and FLOVENT® ROTADISK®, imported put up in measured doses or in forms or packings for retail sale, from the United Kingdom, France, Italy, Canada, Singapore, etc.

Dear Messrs. Eisen and Pey:

In your letter dated April 6, 2000, on behalf of your client, Glaxo Wellcome Inc., you requested a tariff classification ruling.

The first product, Fluticasone Propionate, is a synthetic fluorinated corticosteroid indicated for use as an anti-inflammatory and antipruritic drug, and also for use in the treatment of asthma and allergic rhinitis. The remaining products, namely: CUTIVATE® Cream, CUTIVATE® Ointment, FLONASE® Nasal Spray, FLOVENT® Inhalation Aerosol, and FLOVENT® ROTADISK® are all medicaments containing Fluticasone Propionate as the active ingredient. CUTIVATE® Cream and CUTIVATE® Ointment are indicated for the relief of the inflammatory and pruritic manifestations of corticosteroid-responsive dermatoses. FLONASE® Nasal Spray is indicated for the management of the nasal symptoms of seasonal and perennial allergic rhinitis. FLOVENT® Inhalation Aerosol is indicated for the maintenance treatment of asthma as prophylactic therapy, and is also indicated for patients requiring oral corticosteroid therapy for asthma. FLOVENT® ROTADISK® is indicated for the maintenance treatment of asthma as prophylactic therapy, and is also indicated for patients requiring oral corticosteroid therapy for asthma. The applicable subheading for Fluticasone Propionate, imported in bulk form, will be 2937.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]alogenated derivatives of adrenal cortical hormones." The general rate of duty will be free.

The applicable subheading for CUTIVATE® Cream, CUTIVATE® Ointment, FLONASE® Nasal Spray, FLOVENT® Inhalation Aerosol, and FLOVENT® ROTADISK® will be 3004.39.0050, HTS, which provides for “[M]edicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Containing hormones or other products of heading 2937 but not containing antibiotics: Other: Other.” The general 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 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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