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NY 879590

October 30, 1992

CLA-2-30:S:N:N3-I:238 879590


TARIFF NO.: 3004.10.5060

Mr. Desmond Flynn
SmithKline Beecham Pharmaceuticals
One Franklin Plaza
P.O. Box 7929
Philadelphia, PA 19101

RE: The tariff classification of Amoxil capsules, chewable tablets, and powder put up in glass bottles for the preparation of oral suspensions, from the United Kingdom.

Dear Mr. Flynn:

In your letter dated October 8, 1992, you requested a tariff classification ruling.

The subject merchandise, Amoxil, is an oral antibacterial medicament containing the active ingredient, amoxicillin, which is an antibiotic. Although you state in your letter that the subject merchandise will be entered for consumption from a Foreign Trade Subzone, we note that your inquiry poses no questions concerning the actual Customs regulations governing Foreign Trade Zones. For a ruling on that matter you should contact:

Director, Commercial Rulings Division
Office of Regulations and Rulings
U.S. Customs Service Headquarters
1301 Constitution Avenue, NW.
Washington, DC 20229

Accordingly, this ruling is limited to the tariff classification of the subject merchandise.

The applicable subheading for all three forms of the subject merchandise will be 3004.10.5060, 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: containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives: other: other: other. The rate of duty will be 6.2 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, MD 20857, telephone number (202) 443- 3380.

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.


Jean F. Maguire

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