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NY N023972




March 18, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9110

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

RE: The tariff classification of Terbinafine HCL (CAS-78628-80-5) imported in dosage/tablet form, from India

Dear Mr. Moynihan:

In your letter dated February 27, 2008, you requested a tariff classification ruling.

The subject product, Terbinafine HCL is a medicinal preparation containing Terbinafine HCL, an antifungal drug, as the active ingredient. It is indicated for the treatment of onychomycosis of the toenail or fingernail due to dermatophytes.

The applicable subheading for the Terbinafine HCL in dosage/tablet form will be 3004.90.9110, 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: 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 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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