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NY F87437




May 22, 2000

CLA-2-30:RR:NC:2:238 F87437

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.90.9040

Mark N. Bravin, Esq.
Dorothy J. Black, Esq.
Morgan, Lewis & Bockius LLP
1800 M Street, N.W.
Washington, DC 20036-5869

RE: The tariff classification of Provigil® (Modafinil) tablets from Taiwan

Dear Mr. Bravin & Ms. Black:

In your letter dated May 5, 2000, on behalf of your client, Cephalon, Inc., you requested a tariff classification ruling.

According to the 2000 Physicians’ Desk Reference®, the subject product, Provigil® (Modafinil), in tablet form, is a medicament contain the drug, Modafinil (CAS-68693-11-8), as the active ingredient, which is indicated to improve wakefulness in patients with excessive daytime sleepiness associated with narcolepsy.

The applicable subheading for the subject product will be 3004.90.9040, 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 central nervous system: 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 301-443-1544. .
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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