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NY 808105




April 6, 1995

CLA-2-29:S:N:N7:238 808105

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.40.2600; 2924.29.6250; 2916.20.5000; 2922.19.1800; 2930.90.9035

Ms. Joan von Doehren
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Chloroxine (CAS-773-76-2), from Germany; Crotamiton (CAS-483-63-6) from Italy; Cyclohexanepropanoic acid (CAS-701-97-3), from France; Cyclopentolate hydrochloride (CAS-5870-29-1), from Spain; and Cysteamine hydrochloride (CAS-156-57-0), from Italy, all imported in bulk form

Dear Ms. von Doehren:

In your letter dated March 9, 1995, you requested a tariff classification ruling.

Chloroxine is an antiseborrheic drug; Crotamiton is a scabicide; Cyclohexanepropanoic acid is, you indicate, used as a "chemical intermediate"; and Cyclopentolate hydrochloride ["Cyclopentolate" (CAS-512-15-2) is "INN" and "BAN"] is an anticholinergic (ophthalmic) drug. Cysteamine hydrochloride, which you indicate " ... will be used in the processing of agricultural products", is therapeutically categorized in the USAN and the USP dictionary of drug names (1994 edition) as an anti-urolithic (cystine calculi) drug. In addition, The Merck Index, Eleventh Edition, indicates that Cysteamine hydrochloride is used as an antidote to acetaminophen, and also (experimentally) as a radioprotective agent and as a duodenal ulcerogen in rats.

The applicable subheading for Chloroxine will be 2933.40.2600, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Compounds containing a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused: Other: Drugs: Other." Chloroxine is not listed in Tables 1 or 3 of the Pharmaceutical Appendix to the Tariff Schedule. Accordingly, the rate of duty will be 7.8 percent ad valorem.

The applicable subheading for Crotamiton will be 2924.29.6250, HTS, which provides for: "Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other." Pursuant to General Note 13, HTSUSA, the rate of duty will be free.

The applicable subheading for Cyclohexanepropanoic acid will be 2916.20.5000, HTS, which provides for: "Cyclanic, cyclenic or cycloterpenic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other." The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Cyclopentolate hydrochloride will be 2922.19.1800, HTS, which provides for: "Amino-alcohols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof: Other: Aromatic: Drugs: Other." Pursuant to General Note 13, HTSUSA, the rate of duty will be free.

The applicable subheading for Cysteamine hydrochloride will be 2930.90.9035, HTS, which provides for: "Organo-sulfur compounds: Other: Other: Other: Other: Other: Other: Drugs." Cysteamine hydrochloride is not listed in Tables 1 or 3 of the Pharmaceutical Appendix to the Tariff Schedule. Accordingly, the rate of duty will be 3.7 percent ad valorem.

Chloroxine, Crotamiton, Cyclopentolate hydrochloride, and Cysteamine hydrochloride 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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