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NY E89458

November 23, 1999

CLA-2-29:RR:NC:2:238 E89458


TARIFF NO.: 2933.29.2000

Mr. Lee A. Williams
Wilshire Chemical Co., Inc.
15324 South Broadway
Gardena, CA 90248

RE: The tariff classification of Tetrahydrozoline Hydrochloride (CAS-522-48-5), imported in bulk form, from Austria

Dear Mr. Williams:

In your letter dated August 6, 1999, which was received by this office on November 5, 1999, you requested a tariff classification ruling.

The subject product, Tetrahydrozoline Hydrochloride, is the hydrochloride salt of Tetrahydrozoline. The Physicians’ Desk Reference for Nonprescription Drugs and Dietary Supplements™ (1999) lists several over-the-counter eye-drop medicaments in which Tetrahydrozoline Hydrochloride, in its capacity as an adrenergic drug (vasoconstrictor), functions as the active ingredient to relieve redness of the eye due to minor eye irritations. We note that the International Nonproprietary Name (“INN”) for Tetrahydrozoline, i.e., “Tetryzoline,” is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.

The applicable subheading for Tetrahydrozoline Hydrochloride, imported in bulk form, will be 2933.29.2000, Harmonized Tariff Schedule of the United States (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.

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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