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NY E88442

October 26, 1999

CLA-2-29:RR:NC:2:238 E88442


TARIFF NO.: 2941.90.3000

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

RE: The tariff classification of Mycophenolic Acid (CAS-24280-93-1), imported in bulk form, from India and China

Dear Mr. Chivini:

In your letter dated September 29, 1999, you requested a tariff classification ruling.

According to the Encyclopaedia of Antibiotics, the subject product, Mycophenolic Acid, is an antibiotic substance produced by several species of the genus, Penicillium. You have indicated to a member of my staff, on October 25, 1999, that the imported product will be synthetically produced. We note that the 2-morpholinoethyl ester of Mycophenolic Acid, known as Mycophenolate Mofetil, is indicated for use as an immunosuppressive drug.

The applicable subheading for Mycophenolic Acid, imported in bulk form, will be 2941.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "[A]ntibiotics: Other: Other: Aromatic or modified aromatic." 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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