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NY F89231




July 19, 2000

CLA-2-30:RR:NC:2:238 F89231

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9085

John S. Rode, Esq.
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of ENTsol® Spray buffered hypertonic nasal spray, from France

Dear Mr. Rode:

In your letter dated June 29, 2000, on behalf of your client, Bradley Pharmaceuticals, Inc., you requested a tariff classification ruling.

The subject product, ENTsol® Spray, consists of a cylindrical aerosol container containing 100 ml of a buffered hypertonic saline solution. The product is indicated for use to help clear nasal stuffiness and prevent sinus infections, by washing away allergens, dust, dirt and pollens; increasing ciliary flow; improving breathing; clearing congestion; and helping to reduce nasal swelling. The aerosol container will be be imported put up for retail sale in a paperboard box.

The applicable subheading for the subject product will be 3004.90.9085, Harmonized Tariff Schedule of the United States (HTS), which provides for "[M]edicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: 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 301-443-1544. 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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