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NY J84486

May 7, 2003

CLA-2-29:RR:NC:2:238 J84486


TARIFF NO.: 2933.39.4100

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Pantoprazole Sodium (CAS-164579-32-2) and Granisetron Hydrochloride (CAS-107007-99-8), imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated May 1, 2003, you requested a tariff classification ruling.

The first product, Pantoprazole Sodium, suppresses the production of gastric acid, and is indicated for the treatment of various acid-related gastrointestinal diseases, such as acute erosive esophagitis. The chemical names and CAS number shown for Pantoprazole Sodium in the 2001 edition of the USP Dictionary of USAN and International Drug Names are as follows: (a) 1H-Benzimidazole, 5-(difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridinyl)methyl]sulfinyl]-, sodium salt, hydrate (2:3); (b) 5-(Difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridyl)methyl]sulfinyl]benzimidazole, sodium salt, sesquihydrate. CAS-164579-32-2.

The second product, Granisetron Hydrochloride, is an antinauseant and antiemetic agent. It is indicated for the prevention of nausea and vomiting associated with emetogenic cancer chemotherapy, and for the prevention of nausea and vomiting associated with radiation therapy.

The applicable subheading for both products, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (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 for both products 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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