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NY N023855





March 12, 2008

CLA-2-30:OT:RR:E:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9185

Mr. Colm Moynihan
NorthStar Healthcare Limited
3300 Cork Airport Business Park
Kinsale Road
Cork, Ireland

RE: The tariff classification of Montelukast (CAS-158966-92-8) imported in dosage/tablet form, from India

Dear Mr. Moynihan:

In your letter dated February 26, 2008, you requested a tariff classification ruling.

The subject product, Montelukast is a medicinal preparation containing Montelukast, a leukotriene receptor antagonist (LTRA), as the active ingredient. It is indicated for the treatment of asthma and relieves symptoms of seasonal allergies.

The applicable subheading for the Montelukast in dosage/tablet form will be 3004.90.9185, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses ... or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Other: 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 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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