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NY E86734

December 8, 1999

CLA-2-29:RR:NC:2:238 E86734


TARIFF NO.: 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 Metipranolol (CAS-22664-55-7); Metoprolol Succinate (CAS-98418-47-4); Metoprolol Tartrate (56392-17-7); and Mexiletine Hydrochloride (5370-01-4), all 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.

According to Goodman & Gilman’ s The Pharmacological Basis of Therapeutics, Ninth Edition, the first product, Metipranolol, is a selective â-adrenergic antagonist used as a topical agent in the treatment of glaucoma. In addition, we note that the monograph for OptiPranolol® (metipranolol 0.3% ophthalmic solution), an ophthalmic medicament marketed by Bausch & Lomb®, states that “[O]ptiPranolol Ophthalmic Solution is indicated in the treatment of ocular conditions where lowering intraocular pressure is likely to be of therapeutic benefit, including patients with ocular hypertension, and patients with chronic open angle glaucoma.”

According to the 1999 Physicians’ Desk Reference®, the second and third products, Metoprolol Succinate and Metoprolol Tartrate, are both indicated for the treatment of hypertension, while the fourth product, Mexiletine Hydrochloride is indicated for the treatment of ventricular arrhythmias.

The applicable subheading for all four products will be 2922.19.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for "Oxygen- function amino-compounds: Amino-alcohols, their ethers and esters, other than those containing more than one kind of oxygen function, salts thereof: Other: Aromatic: 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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