CLA-2-30:S:N:N1:238 878010
Ms. Karen A. Busenburg
The Euro-American Bldg.
375 Airport Drive
Worcester, Ma 01602
RE: The tariff classification of Emla 5 % cream (lidocaine 2.5 %
and prilocaine 2.5 %) a local anesthetic packed in 5 and 30 gram
tubes for retail sale from Sweden
Dear :Ms. Busenburg
In your letter dated August 31, 1992, on behalf of Astra
Pharmaceutical Corp.you requested a tariff classification ruling.
Emla cream contains the local anesthetics lidocaine and
prilocaine plus other inert ingredients put up in 5 and 30 gram
tubes for retail sale.
The applicable subheading for the Emla cream in tube form
will be 3004.90.6045, Harmonized Tariff Schedule of the United
States (HTS), which provides for Medicaments ...., put up for
retail sale. The rate of duty will be 6.3 percent ad valorem.
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 (202)
443-3380.
In addition, you asked if the proposed graphics for the
packages, cartons and shipping boxes meet the marking
requirements of 19 U.S.C. 1304 and submitted photostatic copies
of the master proof packages.
A review of the photostatic packaging indicates that the
packages, cartons and the shipping boxes are identically marked
to indicate the name of the product, its ingredients and are
clearly marked to indicate that it is manufactured by Astra
Pharmaceutical Production, AB Sodertalje, Sweden in close
proximity to the marking ASTRA, Astra Pharmaceutical Products,
Inc., Westborough, MA 01581. It is the opinion of this office
that the Emla cream tubes and its packaging when marked in the
manner described would satisfy the requirements of 19 U.S.C.
1304.
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