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NY 894300





February 9, 1994

CLA-2-30:S:N:N7:238 894300

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.20.0000

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

RE: The tariff classification of Potassium Clavulanate mixed with colloidal silicon dioxide, in bulk form, from the United Kingdom

Dear Mr. Flynn:

In your letter dated September 7, 1993, resubmitted on January 21, 1994, you requested a tariff classification ruling.

The subject merchandise consists of the antibiotic, Potassium clavulanate, mixed with the excipient, colloidal silicon dioxide. You indicate that the colloidal silicon dioxide, which you refer to as "Syloid", acts as both a glidant (to increase the flowability of Potassium clavulanate during the preparation, after importation, of oral suspension products) and a stabilizer (to lessen the hazardous nature of Potassium clavulanate during transport and storage).

The applicable subheading for the subject merchandise will be 3003.20.0000, Harmonized Tariff Schedule of the United States (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: containing other antibiotics. The rate of duty will be 3.7 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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