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NY F82445





February 22, 2000

CLA-2-29:RR:NC:2:238 F82445

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.3000

Gene Merutka, Ph.D.
Intrabiotics Pharmaceuticals, Inc.
1255 Terra Bella Avenue
Mountain View, CA 94043

RE: The tariff classification of IB-367 (CAS-244015-05-2), imported in bulk form, from Denmark

Dear Dr. Merutka:

In your letter dated January 10, 2000, you requested a tariff classification ruling.

The subject product, designated as IB-367, is a cyclic polypeptide antibiotic obtained by chemical synthesis. A paper presented by several of your colleagues at the 37th Interscience Conference on Antimicrobial Agents and Chemotherapy, in Toronto, Canada (September 28-October 1, 1997), concluded, inter alia, that IB-367 exhibits broad spectrum antimicrobial activity against gram-positive and gram-negative bacteria, and Candida albicans.

The applicable subheading for the subject product will be 2941.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Antibiotics: 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.

Sincerely,

Robert B. Swierupski

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