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NY 887844

September 15, 1993

CLA-2-30:S:N:N7:238 887844


TARIFF NO.: 3004.10.5060

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

RE: The tariff classification of "Ticar" (ticarcillin disodium), an injectable medicament, put up in vials and syringes, imported from a foreign trade subzone

Dear Mr. Flynn:

In your letter dated June 21, 1993 you requested a tariff classification ruling.

The subject merchandise, which you designate by its trade name, "Ticar", is an injectable, anti-bacterial medicament, put up in vials and syringes, containing the active ingredient, ticarcillin disodium (an antibiotic containing a penicillanic acid structure). You state in your letter that the ticarcillin disodium will be manufactured in a foreign trade subzone from 6- aminopenicillanic acid and 3-Thienylmalonic acid. The ticarcillin disodium is then combined with various excipients by lyophilization. This mixture is then sterilized and automatically vialled with stopper and cap, or loaded in a syringe. The packaged vials and syringes will then be entered for consumption from the subzone. Please be advised that any questions you may have concerning: 1) the country-of-origin marking requirements of merchandise entered for consumption from a foreign trade subzone, 2) the regulations governing the operation of foreign trade subzones, or 3) the actual operations allowed to be performed therein, should be directed to:

U.S. Customs Service
Office of Regulations & Rulings
Franklin Court
1301 Constitution Avenue, NW
Washington, DC 20029
Attn: Commercial Rulings Division
Accordingly, this ruling is limited to the tariff classification of "Ticar", put up in vials or syringes, being entered for consumption from a foreign trade subzone.

The applicable subheading for 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, Maryland 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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