NY 891379 - The tariff classification of "Famvir" (Famciclovir) tablets from England - United States International Trade Commision Rulings

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NY 891379

November 17, 1993

CLA-2-30:S:N:N7:238 891379

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6010

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

RE: The tariff classification of "Famvir" (Famciclovir) tablets from England

Dear Mr. Flynn:

In your letter dated September 29, 1993, received on October 13, 1993, you requested a tariff classification ruling.

The subject merchandise, designated as "Famvir", is a medicament, put up in tablet form, containing the active ingredient, Famciclovir, which is an anti-viral drug. Although you assert that Famciclovir (the active ingredient) is an alkaloid derivative, we disagree. In our opinion, Guanine (the starting ingredient in the manufacture of Famciclovir) is not an alkaloid. Consequently, since we do not believe that Guanine is an alkaloid, Famciclovir cannot be considered to have been derived from an alkaloid.

The applicable subheading for the subject merchandise will be 3004.90.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other: other: other: anti-infective medicaments: other. The rate of duty will be 6.3 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 (202) 857-8400.

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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