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NY I82455

June 3, 2002

CLA-2-29:RR:NC:2:238 I82455


TARIFF NO.: 2941.90.1050; 3003.20.0000

Ms. Kathy Lin
ProFood International, Inc.
P.O. Box 4378
Lisle, IL 60532-9378

RE: The tariff classification of Natamycin (CAS-7681-93-8), Natamycin 50% with Lactose, and Natamycin 50% with Sodium Chloride, all imported in bulk form, from China

Dear Ms. Lin. :

In your letter dated May 6, 2002, you requested a tariff classification ruling.

The first product, Natamycin (“Pimaricin” is the Japanese Accepted Name (JAN)), is a naturally occurring antibiotic produced by Streptomyces natalensis and by Streptomyces chattanoogensis. Natamycin is indicated for use in the treatment of some types of fungus infections of the eye.

The remaining two products, Natamycin 50% with Lactose, and Natamycin 50% with Sodium Chloride, consist of mixtures composed of (by weight) 50% Natamycin and 50% lactose (anhydrous) and 50% Natamycin and 50% sodium chloride, respectively.

The applicable subheading for Natamycin, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Other: Natural: Other.” The rate of duty will be free.

The applicable subheading for Natamycin 50% with Lactose, and Natamycin 50% with Sodium Chloride, imported in bulk form, will be 3003.20.0000, HTS, which provides for “Medicaments consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Containing other antibiotics.” 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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