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NY A89236




December 3, 1996

CLA-2-29:RR:NC:2:238 A89236

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.4100; 2933.90.4600; 2921.49.4300

Mr. Michael Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Omeprazole (CAS-73590-58-6), in bulk form, from India; Albendazole USP (CAS-54965-21-8), in bulk form, from China; and Phentermine Hydrochloride USP (CAS-1197-21-3), in bulk form, from England

Dear Mr. Tartaro:

In your letter dated October 31, 1996, you requested a tariff classification ruling.

The first product, Omeprazole, is a drug used to depress the secretion of gastric acid. The second product, Albendazole USP, is used as an anthelmintic drug in veterinary medicine. The third product, Phentermine Hydrochloride, is a drug used to suppress the appetite.

The applicable subheading for Omeprazole, imported in bulk form, will be 2933.39.4100, Harmonized Tariff Schedule of the United States (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, HTS, the rate of duty will be free. The applicable subheading for Albendazole USP, imported in bulk form, will be 2933.90.4600, HTS, which provides for: "Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: Other: Drugs: Anti-infective agents: Other." Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for Phentermine Hydrochloride USP, imported in bulk form, will be 2921.49.4300, HTS, which provides for: "Aromatic monoamines and their derivatives; salts thereof: Other: Other: Drugs: Other." Pursuant to General Note 13, HTS, the rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553. In addition, Phentermine Hydrochloride USP may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

This ruling is being issued under the provisions of Part 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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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