The tariff classification of FLUOROPLEX® (fluorouracil) 1% Topical Cream and FLUOROPLEX® (fluorouracil) 1% Topical Solution, supplied put up in 30 g tubes and 30 ml plastic bottles with droppers, respectively, from Canada

NY J82197 March 18, 2003 CLA-2-30:RR:NC:2:238 J82197 CATEGORY: Classification TARIFF NO.: 3004.90.9115 Ms. Iliana G. Fuller Allergan, Inc. 2525 Dupont Drive P.O. Box 19534 Irvine, CA 92623-9534 RE: The tariff classification of FLUOROPLEX® (fluorouracil) 1% Topical Cream and FLUOROPLEX® (fluorouracil) 1% Topical Solution, supplied put up in 30 g tubes and 30 ml plastic bottles with droppers, respectively, from Canada Dear Ms. Fuller: In your letter dated March 10, 2003, you requested a tariff classification ruling. The subject products, FLUOROPLEX® (fluorouracil) 1% Topical Cream and FLUOROPLEX® (fluorouracil) 1% Topical Solution, are dermatological medicaments containing fluorouracil, an antineoplastic/antimetabolite drug, as the active ingredient. Both products are indicated for the topical treatment of multiple actinic (solar) keratoses. The applicable subheading for the subject products will be 3004.90.9115, Harmonized Tariff Schedule of the United States (HTS), 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: Antineoplastic and immunosuppressive medicaments.” The general rate of duty will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.  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, National Commodity Specialist Division