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NY L81984




January 26, 2005

CLA-2-30:RR:NC:2:238 L81984

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.32.0000

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

RE: The tariff classification of Blephamide® (sulfacetamide sodium and prednisolone acetate ophthalmic ointment USP) 10% / 0.2%

Dear Ms. Fuller:

In your letter dated January 19, 2005, you requested a tariff classification ruling.

The subject product, Blephamide® (sulfacetamide sodium and prednisolone acetate ophthalmic ointment USP) 10% / 0.2%, is an ophthalmic medicament containing, by weight, 10% sulfacetamide sodium (an antibacterial drug) and 0.2% prednisolone acetate (the acetate salt of prednisolone, a synthetic corticosteroid) as the active ingredients. The product is supplied as a sterile ointment put up in ointment tubes (3.5g per tube), each of which, in turn, is put up packed for retail sale in a paperboard box. Blephamide® (sulfacetamide sodium and prednisolone acetate ophthalmic ointment USP) 10% / 0.2% is indicated for the treatment of nonspecific conjunctivitis and blepharitis.

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 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.

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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