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NY 806207




January 30, 1995

CLA-2-30:S:N:N7:238 806207

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Mr. Carlos E. Gonzalez
LEP Profit International, Inc.
P.O. Box 37190
Airport Station
San Juan, PR 00937-0190

RE: The tariff classification of Omeprazole enteric-coated pellets, imported in bulk form, from Canada

Dear Mr. Gonzalez:

In your letter dated December 29, 1994, on behalf of your client, Merck Sharp & Dohme Quimica de Puerto Rico, you requested a tariff classification ruling.

The subject product consists of enteric-coated pellets which contain the active medicinal ingredient, Omeprazole (a secretory depressant of gastric acid). You state that your client ships "subcoated" pellets to Canada, where the enteric coating is applied. After the application of the enteric coating, the pellets are shipped back, in bulk form, to Puerto Rico for encapsulation and distribution.

The applicable subheading for the subject merchandise will be 3003.90.0000, 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: Other." The general rate of duty will be free.

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 (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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