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NY 872410


March 26, 1992

CLA-2-30:S:N:N1-F:238 872410

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.20.0060

Mr. Paul A. Horowitz
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036

RE: The tariff classification of Mycobutin (i.e., rifabutin in dosage form), an antimycobacterial medicament put up in capsule form, from Italy.

Dear Mr. Horowitz:

In your letter dated March 12, 1992, on behalf of your client, Adria Laboratories, Division of Erbamont. ("Adria"), you requested a tariff classification ruling.

Mycobutin is an antimycobacterial medicament, put up in capsule form.
The active ingredient in Mycobutin is rifabutin, which, you state, is a semisynthetic antibiotic derivative of Rifamycin S (Rifamycins constitute a group of antibiotics characterized by a natural ansa structure not previously found in other known antibiotics). Each Mycobutin capsule contains 150 mg. of rifabutin.

The applicable subheading for this product will be 3004.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: containing other antibiotics: other: other. The rate of duty will be 3.7 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.

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

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