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NY 863422


JUN 20 1991

CLA-2-29:S:N1:N:238 863422

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.3000

Mr. Thomas Scarlett
Hyman, Phelps & McNamara, P.C.
1120 G Street, N.W.
Washington, DC 20005

RE: The tariff classification of Cefadroxil Monohydrate DC (Different Crystal) in bulk form from Spain

Dear Mr. Scarlett:

In your letter dated May 13, 1991 and supplemental letter of June 13, 1991, on behalf of Gema, S.A. of Spain you requested a tariff classification ruling and an opinion as to whether this product is subject to I.T.C. Exclusion Order #337-TA-293 on Cefadroxil Monohydrate.

Cefadroxil Monohydrate DC is an antibiotic drug.

The applicable subheading for the Cefadroxil Monohydrate DC will be 2941.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Antibiotics, other, other, aromatic or modified aromatic. The duty rate will be 6.6 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

The question as to whether importations of this product are subject to Exclusion under Patent #337-TA-293 is being referred to the office of Other Agency Enforcement, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229, telephone (202) 566-8651. A ruling will be issued to you from that office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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