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NY 887845

July 23, 1993

CLA-2-30:S:N:N7:238 887845


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 "Bactocill" (sodium oxacillin), an injectable medicament put up in vials, 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 the tradename "Bactocill", is an injectable medicament, put up in vials, containing sodium oxacillin (an antibiotic) as the active ingredient. You indicate in your letter that the instant product will be manufactured in a foreign trade subzone from 6-aminopenicillanic acid and other ingredients imported into the subzone, and that, upon completion of the manufacturing process, the packaged vials will be entered for consumption from the subzone. Please be advised that any questions you may have pertaining to the country-of-origin marking requirements of merchandise entered for consumption from a foreign trade subzone, or the Customs regulations governing the operation of foreign trade zones or the operations 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 Bactocill, being entered for consumption from a foreign trade subzone, put up in packaged vials.

The applicable subheading for this product 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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