CLA-2-30:S:N:N7:238 807202

Mr. A.E. Dunne
Leo Laboratories Limited
P.O. Box 81
285 Cashel Road
Dublin 12. Ireland

RE: The tariff classification of Fucidin cream, put up for retail sale in 15g or 30g tubes, from Ireland

Dear Mr. Dunne:

In your letter dated February 13, 1995, you requested a tariff classification ruling.

The submitted sample consists of a tube containing 30g of Fucidin cream, which, you indicate, is a topical antibacterial preparation containing the antibiotic, Fusidic acid, as the active ingredient. The applicable subheading for the subject product will be 3004.20.0060, 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 forms or packings for retail sale: Containing other antibiotics: Other: Other." The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport