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NY J80050

January 31, 2003

CLA-2-29:RR:NC:2:238 J80050


TARIFF NO.: 2934.99.3000; 2933.39.6100; 2941.90.1050

Ms. Laura Mannisto
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Ketoconazole (CAS-65277-42-1), 5-Bromo-2-nitropyridine (CAS-39856-50-3) and Rifamycin S (CAS-13553-79-2), imported in bulk form, from Mexico, Austria and India, respectively

Dear Ms. Mannisto:

In your letter dated January 10, 2003, you requested a tariff classification ruling.

The first product, Ketoconazole, is an antifungal drug.

The second product, 5-Bromo-2-nitropyridine, is (according to your letter) used as a pharmaceutical intermediate.

The third product, Rifamycin S, is a naturally occuring antibiotic isolated from the fermentation broths of Streptomyces mediterranei. Rifamycin S belongs to the group of antibiotics known as rifamycins which, according to the thirteenth edition of The Merck Index, are “[c]haracterized by a natural ansa structure (chromophoric naphthohydroquinone group spanned by a long aliphatic bridge) not previously found in other known antibiotics.”

The applicable subheading for Ketoconazole, 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 5-Bromo-2-nitropyridine will be 2933.39.6100, 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: Other: Products described in additional U.S. note 3 to Section VI.” The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for Rifamycin S, imported in bulk form, will be 2941.90.1050, HTS, which provides for “Antibiotics: Other: Natural: Other.” The rate of duty will be free.

Ketoconazole and Rifamycin S 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.

5-Bromo-2-nitropyridine may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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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