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NY D82968

October 7, 1998

CLA-2-29:RR:NC:2:238 D82968


TARIFF NO.: 2941.90.1050

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Cycloserine (CAS# 68-41-7), imported in bulk form, from Japan

Dear Mr. Chivini:

In your letter dated September 18, 1998, you requested a tariff classification ruling.

The subject product, Cycloserine, which has the chemical name of D-4-Amino-3-isoxazolidinone, is a naturally occurring antibiotic produced by a strain of Streptomyces orchidaceus. It has also been synthesized. Currently, Cycloserine is used, in conjunction with other tuberculostatic drugs, in the treatment of pulmonary or extrapulmonary tuberculosis, when primary agents, such as isoniazid, rifampin, ethambutol and streptomycin, have failed.

The applicable subheading for Cycloserine, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "[A]ntibiotics: Other: Natural ...... 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 Harvey Kuperstein at 212-466-5770.


Robert B. Swierupski

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