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NY J80290




February 4, 2003

CLA-2-30:RR:NC:2:238 J80290

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9128

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

RE: The tariff classification of Doan’s Caplets from Canada

Dear Mr. Morgan:

In your letter dated January 23, 2003, on behalf of your client, Patheon, Inc., you requested a tariff classification ruling.

The subject product, Doan’s Caplets, is an over-the-counter (OTC) analgesic medication containing Magnesium salicylate as the active ingredient. You indicate in your letter that, in their condition as imported, the caplets will be put up packed for retail sale.

The applicable subheading for the subject product will be 3004.90.9128, 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 central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Other.” The general 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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