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August 30, 1999

CLA-2-29:RR:NC:2:238 E84261

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100; 2922.19.1800

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

RE: The tariff classification of Loratadine (CAS-79794-75-5) and Mexiletine Hydrochloride (5370-01-4), both imported in bulk form, from Slovakia

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, Loratidine, is indicated for use as an antihistaminic drug.

The second product, Mexiletine Hydrochloride, is indicated for the treatment of ventricular arrhythmias.

With respect to Metipranolol, Metoprolol Succinate, and Metoprolol Tartrate, 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 Loratadine, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Mexiletine Hydrochloride, imported in bulk form, will be 2922.19.1800, HTS, which provides for “[O]xygen-function amino-compounds: Amino-alcohols, their ethers and esters, other than those containg more than one kind of oxygen function; salts thereof: Other: Aromatic: Drugs: Other.” Pursuant to General Headnote 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.

Sincerely,

Robert B. Swierupski

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