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NY R00317




May 3, 2004
CLA-2-30:RR:NC:2:238 R00317

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9110

Ms. Cindy Berringer
Three Rivers Pharmaceuticals, LLC
312 Commerce Park Drive
Cranberry Township, PA 16066

RE: The tariff classification of RIBASPHERE™ (ribavirin) capsules

Dear Ms. Berringer:

In your letter dated April 26, 2004, you requested a tariff classification ruling.

The subject product, RIBASPHERE™ (ribavirin) capsules, is an anti-infective medicament, put up in capsule form, containing the antiviral drug, ribavirin (CAS-36791-04-5), as the active ingredient. RIBASPHERE™ (ribavirin) capsules are indicated for the treatment of chronic hepatitis C (HCV).

The applicable subheading for RIBASPHERE™ (ribavirin) capsules 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 (including those in the form of transdermal administration systems) 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 1-888-443-6332.

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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