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NY I89450




December 20, 2002

CLA-2-30:RR:NC:2:238 I89450

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.32.0000

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of Nasarel® (flunisolide) from Canada

Dear Mr. Morgan:

In your letter dated December 3, 2002, on behalf of your client, Patheon, Inc., you requested a tariff classification ruling.

The subject product, Nasarel® (flunisolide), consists of an intranasal solution containing Flunisolide (a synthetic corticosteroid) as the active ingredient. The solution is put up in metered-dose manual pump-spray units, and is indicated for the treatment of perennial and seasonal allergic rhinitis.

The applicable subheading for the subject product will be 3004.32.0000, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Containing hormones or other products of heading 2937 but not containing antibiotics: Containing corticosteroid hormones, their derivatives and structural analogues.” The rate of duty will be free. The rate of duty will remain the same in 2003.

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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