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NY R05105




October 30, 2006

CLA-2-29:RR:E:NC:2:238 R05105

CATEGORY: CLASSIFICATION

TARIFF NO.: 2921.30.5000

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

RE: The tariff classification of Memantine Hydrochloride (CAS-41100-52-1), imported in bulk form, from Germany

Dear Ms. Fuller:

In your letter dated October, 23, 2006, you requested a tariff classification ruling.

The subject product, Memantine Hydrochloride, is presently indicated for the treatment of Alzheimer’s disease. You state in your letter that the subject product will be imported for use as the active ingredient in an investigational medicament presently undergoing clinical trials for the treatment of certain types of chronic glaucoma.

The applicable subheading for Memantine Hydrochloride, imported in bulk form, will be 2921.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Cyclanic, cyclenic or cycloterpenic mono- or polyamines, and their derivatives; salts thereof: Other.” Pursuant to General Note 13, HTS, 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 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.

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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