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NY 889115





December 22, 1993

CLA-2-29:S:N:N7:238 889115

CATEGORY: CLASSIFICATION

TARIFF NO.: 2922.50.2500; 3003.90.0000; 3004.90.6085

Ms. Anne B. Jones
Glaxo Inc.
Five Moore Drive
P.O. Box 13358
Research Triangle Park, NC 27709

RE: The tariff classification of Salmeterol Xinafoate (CAS-94749-08-3), imported in bulk form; imported mixed with excipients, put up in bulk form; and imported mixed with excipients, put up in measured doses, from the United Kingdom and France

Dear Ms. Jones:

In your letter dated June 4, 1993, resubmitted on August 2, 1993, you requested a tariff classification ruling.

The subject merchandise, Salmeterol Xinafoate, is a bronchodilator drug.

The applicable subheading for Salmeterol
Xinafoate, in bulk form, will be 2922.50.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function: aromatic: other: drugs: other: other. The rate of duty will be 8.7 percent ad valorem.

The applicable subheading for Salmeterol
Xinafoate, imported mixed with excipients, and put up in bulk form, will be 3003.90.0000, HTS, which provides for medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for Salmeterol
Xinafoate, imported mixed with excipients, and put up in measured doses, will be 3004.90.6085, 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: other: other: other: medicaments primarily affecting the eyes, ears or respiratory system: other: other. 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, MD 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

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