NY N009914 - The tariff classification of Misoprostol (CAS-59122-46-2) and Demeclocycline Hydrochloride (CAS-64-73-3), imported in bulk form, from China and Italy, respectively - United States International Trade Commision Rulings

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NY N009914

April 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.50.0000; 2941.30.0000

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

RE: The tariff classification of Misoprostol (CAS-59122-46-2) and Demeclocycline Hydrochloride (CAS-64-73-3), imported in bulk form, from China and Italy, respectively

Dear Ms. Forstenzer:

In your letter dated April 12, 2007, you requested a tariff classification ruling.

The first product, Misoprostol, is a prostaglandin E1 analog used for the prevention of gastric injury by NSAIDs (Non-Steroidal Anti-Inflammatory Drugs).

The second product, Demeclocycline Hydrochloride, is the hydrochloride salt of Demeclocycline, an antibiotic produced by Streptomyces aureofaciens. Demeclocycline is related to tetracycline (an antibiotic produced by Streptomyces spp.).

The applicable subheading for Misoprostol, imported in bulk form, will be 2937.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Prostaglandins, thromboxanes and leukotrienes, their derivatives and structural analogues.” The rate of duty will be free.

The applicable subheading for Demeclocycline Hydrochloride, imported in bulk form, will be 2941.30.0000, HTSUS, which provides for “Antibiotics: Tetracyclines and their derivatives; salts thereof.” The rate of duty will be free.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

With respect to your request for a tariff classification ruling on Phenyltoloxamine Citrate (CAS-1176-08-5), imported in bulk form, our records indicate that this product was the subject of NY Ruling Letter N009881, which was issued to your firm on April 19, 2007.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski

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