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NY 894170




February 7, 1994

CLA-2-30:S:N:N7:238 894170

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.20.0000

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

RE: The tariff classification of Potassium clavulanate (CAS-61177-45-5) mixed with microcrystalline cellulose, in bulk form, from the United Kingdom

Dear Mr. Flynn:

In your letter dated January 21, 1994, you requested a tariff classification ruling.

The subject merchandise consists of a medicinal preparation, in bulk form, which contains the antibiotic, Potassium clavulanate, as the active ingredient. The Potassium clavulanate is mixed with microcrystalline cellulose (the excipient), which you refer to as "Avicel". You indicate that the microcrystalline cellulose acts both as a "binder", to increase the compressibility of potassium clavulanate during the preparation (after importation) of tablets, and as a stabilizer, to lessen the hazardous nature of Potassium clavulanate during transport and storage.

The applicable subheading for the subject merchandise will be 3003.20.0000, 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 other antibiotics. 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, MD 20857, telephone number (301) 443-6553.

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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