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NY H88208




February 19, 2002

CLA-2-29:RR:NC:2:238 H88208

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.29.9090; 3004.39.0050

Jack D. Mlawski, Esq.
Galvin & Mlawski
470 Park Avenue South
Suite 200 - South Tower
New York, NY 10016-6819

RE: The tariff classification of Finasteride (CAS-98319-26-7), in bulk form, and Proscar® tablets, both imported from various countries

Dear Mr. Mlawski:

In your letter dated January 31, 2002, on behalf of your client, Merck & Co., Inc., you requested a tariff classification ruling.

The first product, Finasteride, is a synthetic steroid analogue that functions as an anti-androgen by inhibiting steroid Type II 5(alpha)-reductase, an intracellular enzyme that converts the androgen (hormone) testosterone into 5(alpha)-dihydrotestosterone (DHT).

The second product, Proscar® tablets, is an oral medication containing Finasteride as the active ingredient. It is indicated for the treatment of benign prostatic hyperplasia (BPH) in men with an enlarged prostate.

The applicable subheading for Finasteride, imported in bulk form, will be 2937.29.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Steroidal hormones, their derivatives and structural analogues: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for Proscar® tablets will be 3004.39.0050, 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: Containing hormones or other products of heading 2937 but not containing antibiotics: 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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