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NY H83937




July 19, 2001

CLA-2-30:RR:NC:2:238 H83937

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 ALPHAGAN® (brimonidine tartrate ophthalmic solution) 0.2%

Dear Ms. Fuller:

In your letter dated July 13, 2001, you requested a tariff classification ruling.

The subject product (a sample of which was submitted), ALPHAGAN® (brimonidine tatrate ophthalmic solution) 0.2%, is an ophthalmic medicament containing brimonidine tartrate (CAS-79570-19-7), an alpha adrenergic receptor agonist, as the active ingredient. According to the package insert, “ALPHAGAN® is indicated for lowering intraocular pressure in patients with open-angle glaucoma or ocular hypertension.” The product is supplied as a sterile solution, put up in white, opaque-plastic dropper-bottles.

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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