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NY B85294

May 16, 1997

CLA-2-29:RR:NC:2:238 B85294


TARIFF NO.: 2933.90.7000; 2925.20.9000; 2917.19.7050

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

RE: The tariff classification of Midazolam Maleate (CAS-59467-94-6), imported in bulk form, from Ireland; Metformin Hydrochloride (CAS-1115-70-4), imported in bulk form, from Spain; and Oxalyl Chloride (CAS-79-37-8), from France

Dear Ms. von Doehren:

In your letter dated April 30, 1997, you requested a tariff classification ruling.

The first product, Midazolam Maleate, is indicated for intravenous use for the induction of general anesthesia. The second product, Metformin Hydrochloride is an oral antihyperglycemic drug used in the management of non-insulin-dependent diabetes mellitus. The third product, Oxalyl Chloride, also known as ethanedioyl dichloride, is a colorless, fuming liquid derived from the interaction of oxalic acid and phosphorus pentachloride. You state that it will be used as a synthesis intermediate for pharmaceuticals and fine chemicals.

The applicable subheading for Midazolam Maleate will be 2933.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic Other: Drugs: Drugs primarily affecting the central nervous system: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Metformin Hydrochloride will be 2925.20.9000, HTS, which provides for: "Imines and their derivatives; salts thereof: Other: Other." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Oxalyl Chloride will be 2917.19.7050, HTS, which provides for: "Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Other." The rate of duty will be 4 percent ad valorem.

Midazolam Maleate and Metformin Hydrochloride 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.

Oxalyl Chloride may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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.


Gwenn Klein Kirschner

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