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NY N011110




May 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9145

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

RE: The tariff classification of AVAGE® (Tazarotene) Cream 0.1% retail packed in a 30 gram size aluminum tube

Dear Ms. Fuller:

In your letter dated May 8, 2007, you requested a tariff classification ruling.

The subject product, AVAGE® (Tazarotene) Cream 0.1%, is a dermatological drug formulation indicated as an adjunctive agent for use in mitigation of facial fine wrinkling, facial mottled hyper- and hypopigmentation, and benign facial lentigines (freckles) in patients who use comprehensive skin care and sunlight avoidance programs. It is available by prescription only in a collapsible aluminum tube with a tamper-evident aluminum membrane over the opening, and a polypropylene screw cap, in 30g size.

The applicable subheading for the AVAGE® (Tazarotene) Cream 1% will be 3004.90.9145, 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: Dermatological agents and local anesthetics." 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
Director,

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