CLA-2-29:OT:RR:E:NC:N2:238

Mr. Daniel Hong
Global Trade Compliance- Allergan, Inc.
2525 Dupont Drive
Irvine, CA 92623

RE: The tariff classification of Ketorolac Tromethamine Injectable Grade (CAS-74103-07-4), in bulk form, from Belgium

Dear Mr. Hong:

In your letter dated August 11, 2008, you requested a tariff classification ruling.

The subject product, Ketorolac Tromethamine Injectable Grade, is a nonsteroidal anti-inflammatory drug (NSAID), used for the short-term management of moderately severe acute pain. According to your letter, the product will be used in the manufacture of ACULAR® and ACULAREN®PF, prescription eye medicaments.

The applicable subheading for the Ketorolac Tromethamine Injectable Grade in bulk form will be 2933.99.5590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Other.” Pursuant to General Note 13, HTS, 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
National Commodity Specialist Division