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NY N002916




November 13, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Mr. Kenn Leifheit
Flavine North America, Inc.
10 Reuten Drive
Closter, NJ 07624

RE: The tariff classification of a medicinal preparation containing acetaminophen (CAS-103-90-2) and diphenhydramine hydrochloride (CAS-147-24-0) as the active ingredients, imported in bulk form, from China

Dear Mr. Leifheit:

In your letter dated November 3, 2006, you requested a tariff classification ruling.

The subject product consists of a medicinal preparation, to be imported in bulk form, containing two active ingredients, namely: acetaminophen (an analgesic and antipyretic drug) and diphenhydramine hydrochloride (an antihistamine which has sedative properties).

The applicable subheading for the subject product will be 3003.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicamentsconsisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Other.” The rate of duty will be free.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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