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NY R03467




March 24, 2006

CLA-2-30:RR:NC:2:238 R03467

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9110

Mr. Edward Kelly
Lufthansa Technik
Bldg 23, North Service Road
JFK Int’l Airport
Jamaica, NY 11430

RE: The tariff classification of Tamiflu® (oseltamivir phosphate) capsules from Switzerland

Dear Mr. Kelly:

In your letter dated March 15, 2006, on behalf of your client, Lufthansa German Airlines, you requested a tariff classification ruling.

The subject product, Tamiflu® (oseltamivir phosphate) is a medicament, put up in capsule form, containing 75 mg of the antiviral agent, oseltamivir phosphate, as the active ingredient. Tamiflu® is indicated for the treatment and prevention of influenza.

The applicable subheading for Tamiflu® (oseltamivir phosphate) capsules will be 3004.90.9110, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicamentsconsisting 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.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act, which is regulated by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act can be obtained by calling the FDA at 1-888-463-6332, or at the website: www.fda.gov/opacom/laws/fdcact/fdctoc.htm.

This merchandise may also be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is also regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the website: www.fda.gov/oc/bioterrorism/bioact.html.

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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