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September 2, 1999

CLA-2-29:RR:NC:2:238 E83799


TARIFF NO.: 2939.90.5000; 2933.29.2000; 2934.90.4700

Ms. Erika Dominguez
P.D.M. Pharmatec Inc.
225 W.34th Street, Suite 1307
New York, NY 10122

RE: The tariff classification of Pentoxifylline (CAS-6493-05-6) from Slovakia; Brimonidine Tartrate (CAS-79570-19-7) from the Czech Republic; and Tizanidine (CAS-51322-75-9) from the Czech Republic, all imported in bulk form

Dear Ms. Dominguez:

In your letter dated June 17, 1999, you requested a tariff classification ruling. We regret the delay in responding.

The first product, Pentoxifylline, is a derivative of Theobromine, a naturally occurring alkaloid. Pentoxifylline decreases blood viscosity and improves blood flow, and is indicated for use in the treatment of intermittent claudication due to chronic occlusive arterial disease.

The second product, Brimonidine Tartrate, is an adrenergic-agonist drug indicated for use in lowering intraocular pressure in patients with glaucoma or ocular hypertension.

The third product, Tizanidine, is an adrenergic-agonist drug indicated for the management of spasticity.

With respect to Tramadol Hydrochloride, imported in bulk form, please be advised that we are referring your request for a tariff classification ruling to U.S. Customs Service Headquarters, Office of Regulations & Rulings, Tariff Classification Appeals Division, for review. A ruling will be issued to you from that office.

The applicable subheading for Pentoxifylline, imported in bulk form, will be 2939.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[V]egetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Other." The rate of duty will be free

The applicable subheading for Brimonidine Tartrate, imported in bulk form, will be 2933.29.2000, HTS, which provides for “[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Tizanidine, imported in bulk form, will be 2934.90.4700, HTS, which provides for “[N]ucleic acids and their salts; other heterocyclic compounds: Other: Drugs.” Pursuant to General Note 13, HTS, 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 301-443-1544.

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 212-637-7068.


Robert B. Swierupski

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