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NY J86654




July 8, 2003

CLA-2-30:RR:NC:2:238 J86654

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9110

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

RE: The tariff classification of ZYMAR™ (gatifloxacin ophthalmic solution) 0.3%

Dear Ms. Fuller:

In your letter dated June 30, 2003, you requested a tariff classification ruling.

The subject product, ZYMAR™ (gatifloxacin ophthalmic solution) 0.3%, is an ophthalmic medicament containing gatifloxacin (one of the fluoroquinolone-class of synthetic antibacterial agents) as the active ingredient. According to the package insert, ZYMAR™ is indicated for the treatment of bacterial conjunctivitis, and is supplied, sterile, in 6mL and 8mL plastic bottles with controlled dropper tips. .
The applicable subheading for the subject product will be 3004.90.9110, 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: Anti-infective medicaments: 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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