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NY C82684




January 9, 1998

CLA-2-39:RR:NC:2:238 C82684

CATEGORY: CLASSIFICATION

TARIFF NO.: 3912.31.0000

Ms. Katrina Enfinger
Circle International, Inc.
985 Sullivan Road
College Park, GA 30349

RE: The tariff classification of NYMCEL ZSX, imported in powder form, from the Netherlands

Dear Ms. Enfinger:

In your letter dated December 18, 1997, on behalf of your client, Metsa Specialty Chemicals, Inc., you requested a tariff classification ruling.

The subject product, NYMCEL ZSX, consists of Croscarmellose Sodium USP/NF (CAS-74811-65-7), in powder form. According to the USP Dictionary of USAN and International Drug Names, Croscarmellose Sodium is Carboxymethylcellulose Sodium that has been internally cross-linked, either by control of the reaction conditions or by the use of a cross-linking agent. With respect to NYMCEL ZSX, your client states that it is produced by control of the reaction conditions, not with the use of any cross-linking agent. We note that the international nonproprietary name ("INN") for Croscarmellose Sodium is "Croscarmellose", which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule. The product is indicated for use as a tablet disintegrant.

The applicable subheading for Croscarmellose Sodium, imported in powder form, will be 3912.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms: Cellulose ethers: Carboxymethylcellulose and its salts." 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.

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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