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NY A88482

November 6, 1996

CLA-2-30:RR:NC:2:238 A88482


TARIFF NO.: 3003.90.0000

Ms. Joan von Doehren
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of granules consisting of Omeprazole (CAS-73590-58-6), combined with an enteric coating, imported in bulk form, from Spain

Dear Ms. von Doehren:

In your letter dated August 12, 1996, resubmitted on October 18, 1996, you requested a tariff classification ruling.

The subject product, which you refer to as "Omeprazole Pellets", consists of granules containing the active ingredient, Omeprazole (a drug used to depress the secretion of gastric acid), combined with an enteric coating (the inactive ingredients). The granules will be imported in bulk form, and, subsequent to importation, used in the manufacture of delayed-release capsules.

The applicable subheading for the subject product will be 3003.90.0000, 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: Other." The rate of duty will be free. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Cornelius Reilly at 212-466-5770.


Roger J. Silvestri

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