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NY H82746




July 5, 2001

CLA-2-30:RR:NC:2:238 H82746

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9085

Ms. Iliana G. Fuller
Allergan, Inc.
2525 Dupont Drive
P.O. Box 19534
Irvine, CA 92623-9534

RE: The tariff classification of Refresh® lubricant eye drops

Dear Ms. Fuller:

In your letter dated June 19, 2001, you requested a tariff classification ruling.

The submitted sample, Refresh® lubricant eye drops, consists of a clear, colorless liquid put up in sealed, single-use, sterile, plastic containers. The containers, in turn, are put up packed for retail sale in shrink-wrapped paperboard packages, each containing 30 containers per package. The liquid contains (by weight) the following active ingredients: 1.4% polyvinyl alcohol and 0.6% povidone (polyvinylpyrrolidone). The drops are indicated for the temporary relief of burning, irritation and discomfort due to dryness of the eye or due to exposure to wind or sun. They are also indicated for use as a protectant against further irritation.

The applicable subheading for the subject product will be 3004.90.9085, 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 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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