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NY H89122




March 27, 2002

CLA-2-29:RR:NC:2:238 H89122

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.5000; 2921.49.3800

Ms. Lisa M. Conzo
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Cefotetan (CAS-69712-56-7) and Sertraline Hydrochloride (CAS-79559-97-0), imported in bulk form, from Italy and Finland, respectively

Dear Ms. Conzo:

In your letter dated March 25, 2002, you requested a tariff classification ruling.

The first product, Cefotetan, is a semisynthetic, broad-spectrum, cephalosporin antibiotic. It is indicated for use as an antibacterial drug.

The second product, Sertraline Hydrochloride, is a selective serotonin reuptake inhibitor. It is indicated for the treatment of depression, obsessive-compulsive disorder, panic disorder and post-traumatic stress disorder.

The applicable subheading for Cefotetan, imported in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for Sertraline Hydrochloride, imported in bulk form, will be 2921.49.3800, HTS, which provides for “Amine-function compounds: Aromatic monoamines and their derivatives; salts thereof: Other: Other: Drugs: Antidepressants, tranquilizers and other psychotherapeutic agents. 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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