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NY F81357

January 14, 2000

CLA-2-29:RR:NC:2:238 F81357


TARIFF NO.: 2933.59.4500; 2924.29.6250

Mr. Michael Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Mirtazapine (CAS-61337-67-5) and Flutamide (CAS-13311-84-7), imported in bulk form, from Japan and India, respectively.

Dear Mr. Tartaro:

In your letter dated December 15, 1999, you requested a tariff classification ruling.

The first product, Mirtazapine, is indicated for the treatment of depression.

The second product, Flutamide, is indicated for the treatment of carcinoma of the prostate.

The applicable subheading for Mirtazapine, imported in bulk form, will be 2933.59.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Aromatic or modified aromatic: Antidepressants, tranquilizers and other psychotherapeutic agents." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Flutamide, imported in bulk form, will be 2924.29.6250, HTS, which provides for: “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: 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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