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NY J89898

October 24, 2003

CLA-2-29:RR:NC:2:238 J89898


TARIFF NO.: 2935.00.6000; 2937.19.0000; 2930.90.9035

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

RE: The tariff classification of Sumatriptan Succinate (CAS-103628-48-4), Calcitonin (Salmon) (CAS-47931-85-1), and Amifostine (CAS-112901-68-5), imported in bulk form, from Spain, Belgium, and Poland, respectively

Dear Ms. Mannisto:

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

The first product, Sumatriptan Succinate, is indicated for the treatment of migraine.

The second product, Calcitonin (Salmon), is a polypeptide hormone secreted by the ultimobranchial gland of fish. It is indicated for the treatment of Paget’s disease (of bone), hypercalcemia, and postmenopausal osteoporosis.

The third product, Amifostine, is indicated to reduce renal toxicity associated with administration of cisplatin in patients with advanced ovarian cancer or non-small cell lung cancer. It is also indicated to reduce the incidence of moderate to severe xerostomia (dry mouth) in patients undergoing post-operative radiation treatment for head and neck cancer, where the irradiated area includes a substantial portion of the parotid glands.

The applicable subheading for Sumatriptan Succinate, imported in bulk form, will be 2935.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sulfonamides: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Calcitonin (Salmon), imported in bulk form, will be 2937.19.0000, HTS, which provides for “Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues: Other.” The rate of duty will be free.

The applicable subheading for Amifostine, imported in bulk form, will be 2930.90.9035, HTS, which provides for “Organo-sulfur compounds: Other: Other: Other: Other: Other: Other: Drugs.” 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.


Robert B. Swierupski

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