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NY L83800




April 18, 2005

CLA-2-30:RR:NC:2:238 L83800

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9180

Ms. Barbara J. Azzaretti
A & Z Pharmaceutical Inc.
180 Oser Avenue, Suite 300
Hauppauge, NY 11788

RE: The tariff classification of Diphenhydramine Hydrochloride softgel capsules from China

Dear Ms. Azzaretti:

In your letter dated April 1, 2005, you requested a tariff classification ruling.

The subject product consists of softgel capsules containing 50 mg of Diphenhydramine Hydrochloride (an antihistaminic drug) as the active ingredient. The softgel capsules will be imported put up in plastic-lined, corrugated cartons, each weighing no more than 15 kg.

The applicable subheading for the subject product will be 3004.90.9180, 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: Medicaments primarily affecting the eyes, ears or respiratory system: Other: Antihistamines.” 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 1-888-463-6332.

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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