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NY I81135

April 26, 2002

CLA-2-29:RR:NC:2:238 I81135


TARIFF NO.: 2934.99.3000

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

RE: The tariff classification of Levofloxacin (CAS-138199-71-0), imported in bulk form, from Spain

Dear Ms. Conzo. :

In your letter dated April 12, 2002, you requested a tariff classification ruling.

Chemically, the subject product, Levofloxacin, is described in the 2002 edition of the Physicians’ Desk Reference® as “[a] chiral fluorinated carboxyquinolone,” which is “[t]he pure (-)-(S)-enantiomer of the racemic drug substance ofloxacin.” It is indicated for use as an antibacterial drug.

Noting exclusion “(c)” to Explanatory Note 2941, HTS, the applicable subheading for Levofloxacin, imported in bulk form, will be 2934.99.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” 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.


Robert B. Swierupski

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