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NY E86865

September 20, 1999

CLA-2-29:RR:NC:2:238 E86865


TARIFF NO.: 2933.59.5900

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

RE: The tariff classification of 5-Fluorocytosine (CAS-2022-85-7), imported in bulk form, from Germany

Dear Mr. Chivini:

In your letter dated August 13, 1999, you requested a tariff classification ruling.

The subject product, 5-fluorocytosine, which has the United States Adopted Name (USAN) and International Nonproprietary Name (INN) of Flucytosine, is indicated for use as an antifungal drug.

The applicable subheading for the subject product will be 2933.59.5900, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]eterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Other." 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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