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NY N025731




April 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9176

Ms. Erica Rochelle Gardner
Granules USA Inc.
111 Howard Blvd., Suite 101
Mt. Arlington, NJ 07856

RE: The tariff classification of Acetaminophen, Phenylephrine, and Chlorpheniramine Maleate, imported in measured dose capsules, from India

Dear Ms. Gardner:

In your letter dated April 7, 2008, you requested a tariff classification ruling.

The subject product, Acetaminophen, Phenylephrine, and Chlorpheniramine Maleate is a medicinal preparation consisting of an antipyretic, decongestant and an antihistamine, respectively. It is indicated for the treatment of colds and allergies. You state that the product will be imported in measured dose capsules packed in drums. The product is sold as is for repacking and distribution.

The applicable subheading for the Acetaminophen, Phenylephrine, and Chlorpheniramine Maleate, imported in measured dose capsules, will be 3004.90.9176, 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 (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the eyes, ears or respiratory system: Cough and cold preparations." 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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