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HQ 083820


June 2,1989

CLA-2 CO:R:C:G 083820 H

CATEGORY: CLASSIFICATION

TARIFF: No: 3003.90.0000.

Ms. Joan von Doehren
Interchem Corporation
120 RT 17 North, Suite 115
Paramus, N.J. 076652

RE: Classification of Isosorbide Dinitrate 25/Lactose 75, a product of Switzerland.

Dear Ms. von Doehren:

This is in reference to your February 3, 1989, inquiry on the tariff classification of certain chemicals, including Isosorbide Dinitrate 25/Lactose 75, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:
Isosorbide Dinitrate is defined as a coronary vasodilator. It is understood that this formulation uses lactose as a stabilizer and diluent.

ISSUE:
The classification of Isosorbide Dinitrate 25/Lactose 75 under the HTSUS.

LAW AND ANALYSIS:

Classification under the HTSUS is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the headings and relative Section and Chapter Notes. The Explanatory Notes to the HTSUS constitute the official interpretation of the HTSUS at the international level.

The Explanatory Notes to heading 3003 state that the heading includes preparations containing a single pharmaceutical substance together with an excipient, sweetening agent, agglomerating agent, etc.

'2HOLDING:
isosorbide Dinitrate 25/Lactose 75 is classifiable under the provision for Medicaments consisting of two or more constituents which have been mixed together for therapeutic or doses or in forms or prophylactic uses, not put up in measured packings for retail sale, other, in subheading 3003.90.0000? HTSUS, dutiable at the rate of 6 percent ad valorem. Sincerely,~
Durant, Dire~or
John . Rulin s Division
Commerclal g


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