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NY I85502




August 29, 2002

CLA-2-29:RR:NC:2:238 I85502

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.99.3000; 2918.90.3000; 2933.39.4100; 2928.00.2500

Ms. Meryl N. Epstein
Ren-Pharm International, Ltd.
350 Jericho Turnpike
Jericho, NY 11753-1317

RE: The tariff classification of Etodolac (CAS-41340-25-4), Fenofibrate (CAS-49562-28-9), Flecainide Acetate (CAS-54143-56-5), and Fluvoxamine Maleate (CAS-61718-82-9) from Italy and Spain

Dear Ms. Epstein:

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

The first product, Etodolac, is a nonsteroidal anti-inflammatory drug (NSAID). It is indicated for the treatment of osteoarthritis, rheumatoid arthritis, and for the management of pain.

The second product, Fenofibrate, is a lipid regulating agent. It is indicated for the treatment of hypercholesterolemia and hypertriglyceridemia.

The third product, Flecainide Acetate, is indicated for use as an antiarrhythmic drug.

The fourth product, Fluvoxamine Maleate, is indicated for the treatment of obsessions and compulsions in patients with Obsessive Compulsive Disorder (OCD).

The applicable subheading for Etodolac, 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. The applicable subheading for Fenofibrate, imported in bulk form, will be 2918.90.3000, HTS, which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Flecainide Acetate, imported in bulk form, will be 2933.39.4100, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated ) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Fluvoxamine Maleate will be 2928.00.2500, HTS, which provides for “Organic derivatives of hydrazine or of hydroxylamine: Other: Aromatic.” 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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