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NY B88632




December 19, 1997

CLA-2-39:RR:NC:2:238 B88632

CATEGORY: CLASSIFICATION

TARIFF NO.: 3914.00.6000

Ms. Gladys Flores
Jose G. Flores
P.O. Box 9022695
San Juan, PR 00902-2695

RE: The tariff classification of Polacrilin Potassium NF (CAS-39394-76-5), in powder form, from France, Belgium, Switzerland, and other European countries

Dear Ms. Flores:

In your letter dated August 1, 1997, on behalf of your client, Lilly del Caribe, Inc., you requested a tariff classification ruling.

According to the USP Dictionary of USAN and International Drug Names, the subject product, Polacrilin Potassium NF, is a synthetic ion-exchange resin prepared through the polymerization of methacrylic acid and divinylbenzene. It is then further neutralized with potassium hydroxide to form the potassium salt of methacrylic acid and divinylbenzene. It is supplied as a pharmaceutical-grade ion-exchange resin in a particle size of 100-to-500-mesh, and is indicated for use as a tablet disintegrant.

The applicable subheading for the subject product will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms: Other." Pursuant to General Note 13, HTS, the rate of duty will be free. Pursuant to General Note 13, HTS, the rate of duty will also be free in 1998.

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.

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,

Robert B. Swierupski

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