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NY F89284

July 25, 2000

CLA-2-29:RR:NC:2:238 F89284


TARIFF NO.: 2937.92.5050

Diane L. Weinberg, Esq.
Meeks & Sheppard
330 Madison Avenue, 39th Floor
New York, NY 10017

RE: The tariff classification of Norgestimate (CAS-35189-28-7), imported in bulk form, from France

Dear Ms. Weinberg:

In your letter dated June 27, 2000, on behalf of your client, Ortho-McNeil Pharmaceutical Inc., you requested a tariff classification ruling.

The subject product, Norgestimate, is a synthetic progestin (i.e., a synthetic steroid that has progestational activity). According to Goodman & Goodman’s, The Pharmacological Basis of Therapeutics, Ninth Edition, “[T]hese synthetic agents most often are used in conjunction with estrogens for hormone replacement therapy in postmenopausal women and either alone or combined with estrogens for contraception.” We note the inclusion of a monograph for two oral contraceptives in the 2000 Physicians’ Desk Reference®, marketed by your client, that contain a combination of norgestimate and the estrogenic compound ethinyl estradiol.

The applicable subheading for Norgestimate, imported in bulk form, will be 2937.92.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for "[O]ther hormones and their derivatives; other steroids used primarily as hormones: Estrogens and progestins: Other: Other: Other: Other." 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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