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NY L82483

February 16, 2005

CLA-2-29:RR:NC:2:238 L82483


TARIFF NO.: 2933.39.4100; 2941.90.1050; 2937.23.5050

Ms. Inge Forstenzer
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753

RE: The tariff classification of Lansoprazole (CAS-103577-45-3), Mupirocin (CAS-12650-69-0), Norethindrone (CAS-68-22-4), Norethindrone Acetate (CAS-51-98-9), and Omeprazole (CAS-73590-58-6), all imported in bulk form, from Taiwan, Taiwan, Italy, Italy, and Turkey, respectively

Dear Ms Forstenzer:

In your letter dated February 1, 2005, you requested a tariff classification ruling.

The first product, Lansoprazole, is an antiulcerative drug. It is also used to treat erosive esophagitis, heartburn, and other symptoms associated with GERD.

The second product, Mupirocin, is a naturally occurring antibiotic produced by the aerobic bacillus, Pseudomonas fluorescens. It is currently indicated for use as an antibacterial drug for the topical treatment of impetigo.

The third product, Norethindrone, is a synthetic progestin. It is indicated for the prevention of pregnancy.

The fourth product, Norethindrone Acetate, is the acetate salt of the synthetic progestin, Norethindrone. Norethindrone Acetate is indicated, among other things, for the treatment of secondary amenorrhea, endometriosis, abnormal uterine bleeding, and the prevention of postmenopausal osteoporosis.

The fifth product, Omeprazole, is indicated for the treatment of duodenal ulcer, gastroesophageal reflux disease, and for the maintenance of healing of erosive esophagitis.

The applicable subheading for Lansoprazole and Omeprazole, imported in bulk form, will be 2933.39.4100, Harmonized Tariff of the United States (HTS), which provides for “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 Mupirocin, imported in bulk form, will be 2941.90.1050, HTS, which provides for “Antibiotics: Other: Natural: Other.” The rate of duty will be free.

The applicable subheading for Norethindrone and Norethindrone Acetate, imported in bulk form, will be 2937.23.5050, HTS, which provides for “Steroidal hormones, their derivatives and structural analogues: Estrogens and progestins: Other: Other: Other: Other.” 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 1-888-443-6332.

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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