NY 814187 - The tariff classification of Theophylline (anhydrous, CAS- 58-55-9], in bulk form, from Germany; Labetalol (CAS-36894- 69-6), in bulk form, from Ireland; Flutamide (CAS-13311-84- 7), in bulk form, from Ireland; and Loratadine (micronized, CAS-79794-75-5], in bulk form, from Ireland - United States International Trade Commision Rulings

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NY 814187

October 3, 1995

CLA-2-29:R:N2:238 814187

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.50.0000; 2924.29.6250; 2933.39.4100

Mr. Edmundo Rodriguez
Nestor Reyes, Inc.
P.O. Box 4528
Old San Juan Station
San Juan, PR 00902-4528

RE: The tariff classification of Theophylline (anhydrous, CAS- 58-55-9], in bulk form, from Germany; Labetalol (CAS-36894- 69-6), in bulk form, from Ireland; Flutamide (CAS-13311-84- 7), in bulk form, from Ireland; and Loratadine (micronized, CAS-79794-75-5], in bulk form, from Ireland

Dear Mr. Rodriguez:

In your letter dated August 22, 1995, on behalf of your client, Schering Plough Products, Inc., you requested a tariff classification ruling.

The first product, Theophylline (anhydrous), is a vegetable alkaloid which is used as a bronchodilator. The second product, Labetalol, is indicated for use for the management of hypertension. The third product, Flutamide, is indicated for use for the treatment of metastatic prostatic carcinoma. The fourth product, Loratadine (micronized), is an antihistaminic.

The applicable subheading for Theophylline (anhydrous), in bulk form, will be 2939.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Theophylline and aminophylline (Theophylline-ethylenediamine) and their derivatives; salts thereof." The rate of duty will be free.

The applicable subheading for Labetalol and Flutamide, in bulk form, 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 for both products will be free.

The applicable subheading for Loratadine (micronized), in bulk form, will be 2933.39.4100, HTS, which provides for: "Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other." Pursuant to General Note 13, HTSUSA, the 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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