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NY 884737




April 16, 1993

CLA-2-30:S:N:N7:238 884737

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.10.0000

Mr. Desmond Flynn
SmithKline Beecham Pharmaceuticals
One Franklin Plaza
PO Box 7929
Philadelphia, PA 19101

RE: The tariff classification of a mixed medicinal preparation, consisting of the antibiotics Potassium Clavulanate and Amoxicillin, imported in bulk form, from England

Dear Mr. Flynn:

In your letter dated April 1, 1993, you requested a tariff classification ruling.

The subject merchandise consists of a mixture of two antibiotics, namely: Potassium Clavulanate and Amoxicillin, which is being imported in bulk form. This mixed medicinal preparation will, in turn, serve as the active ingredient in the formulation of dosage-form medicaments.

The applicable subheading for the subject merchandise will be 3003.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives. The rate of duty will be 6.9 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, MD 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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