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NY H88019

February 14, 2002

CLA-2-30:RR:NC:2:238 H88019


TARIFF NO.: 3004.90.9115

Matthew T. McGrath, Esq.
Barnes, Richardson & Colburn
1225 Eye Street, N.W.
Suite 1150
Washington, DC 20005

RE: The tariff classification of Azathioprine tablets from Germany, India, and the United Kingdom

Dear Mr. McGrath:

In your letter dated January 28, 2002, on behalf of your client, InterMune, Inc., you requested a tariff classification ruling.

The subject product, Azathioprine tablets, is a medicament containing Azathioprine (CAS-446-86-6), an immunosuppressive antimetabolite, as the active ingredient. Azathioprine is indicated as an adjunct for the prevention of rejection in renal homotransplantation. It is also indicated for the management of severe, active rheumatoid arthritis, unresponsive to rest, aspirin or other nonsteroidal anti-inflammatory drugs, or to agents in the class of which gold is an example.

The applicable subheading for Azathioprine tablets will be 3004.90.9115, Harmonized Tariff Schedule of the United States (HTS), which provides for Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments.” 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 646-733-3033.


Robert B. Swierupski

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