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NY J80608

February 7, 2003

CLA-2-29:RR:NC:2:238 J80608


TARIFF NO.: 2941.50.0000

Kimberly A. Carlson, Esq.
Katten Muchin Zavis Rosenman
525 West Monroe Street, Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of Telithromycin (CAS-191114-48-4), imported in bulk form, from France

Dear Ms. Carlson:

In your letter dated January 22, 2003, on behalf of your client, Aventis Pharmaceuticals, Inc., you requested a tariff classification ruling.

According to The Merck Index (thirteenth edition), Telithromycin is a “[S]emisynthetic macrolide antibiotic of the ketolide class, a group of erythromycin derivatives in which the L-cladinose residue has been replaced by a 3-keto group.” A press release, dated January 27, 2003, found on your client’s website, states, in part, that “Aventis announced today that it received an approvable letter from the U.S. Food and Drug Administration (FDA) for KETEK (telithromycin) tablets for the treatment of acute exacerbations of chronic bronchitis, acute bacterial sinusitis and community-acquired pneumonia.”

Pursuant to the Explanatory Notes to heading 2941, HTS, which indicate, inter alia, that heading 2941, HTS, “[i]ncludes chemically modified antibiotics used as such,” the applicable subheading for Telithromycin, imported in bulk form, will be 2941.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Erythromycin and its derivatives; salts thereof.” 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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