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NY N017299





October 3, 2007

CLA-2-29:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2921.49.4300; 2934.99.3000; 2933.39.4100

Ms. Kimberly M. Cummings
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07652-1579

RE: The tariff classification of Butenafine Hydrochloride (CAS-101827-46-7) in bulk form, from Italy and Duloxetine Hydrochloride (CAS-136434-34-9) and Rabeprazole Sodium (CAS-117976-90-6) in bulk form, from Spain

Dear Ms. Cummings:

In your letter dated September 13, 2007, you requested a tariff classification ruling.

The first product, Butenafine Hydrochloride, is a synthetic benzylamine antifungal. It is indicated for the topical treatment of various dermatologic infections.

The second product, Duloxetine Hydrochloride, is an anti-depressant drug. It is primarily indicated for the treatment of major depressive disorder (MDD).

The third product, Rabeprazole Sodium, is a substituted benzimidazole that inhibits gastric acid secretion. It is indicated for short-term (4 to 8 weeks) treatment of gastroesophageal reflux disease (GERD).

The applicable subheading for the Butenafine Hydrochloride, imported in bulk form, will be 2921.49.4300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ÔÇťAmine-function compounds: Aromatic monoamines and their derivatives; salts thereof: Other: Other: Drugs: Other." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Duloxetine Hydrochloride, imported in bulk form, will be 2934.99.3000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs." Pursuant to General Note 13, HTSUS, the rate of duty will be free.

The applicable subheading for Rabeprazole Sodium, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (HTSUS), 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 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
Director,

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