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NY N010042




April 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.5000; 2933.39.4100

Mr. Colm F. Moynihan
NorthStar Healthcare Limited
3300 Cork Airport Business Park
Cork, Ireland

RE: The tariff classification of Cefpodoxime (CAS-80210-62-4), Cefixime (CAS-79350-37-1), Cefdinir (CAS-91832-40-5), Cefuroxime (CAS-55268-75-2) and Granisetron (CAS-109889-09-0), imported in bulk form, from India

Dear Mr. Moynihan:

In your letter dated April 19, 2007, you requested a tariff classification ruling.

The first three products, namely: Cefpodoxime, Cefixime and Cefdinir are third-generation, semi-synthetic, cephalosporin antibiotics. The fourth product, Cefuroxime, is a second-generation, semi-synthetic, cephalosporin antibiotic. All four products are indicated for use as antibacterial drugs.

The fifth product, Granisetron, is an anti-nausea and anti-emetic agent. It is indicated for the prevention of nausea and vomiting associated with both emetogenic cancer chemotherapy and radiation therapy.

The applicable subheading for Cefpodoxime, Cefixime, Cefdinir and Cefuroxime, imported in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antibiotics: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for Granisetron, imported in bulk form, will be 2933.39.4100, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s): Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

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 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.

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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