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NY C84577




April 22, 1998

CLA-2-29:RR:NC:2:238 C84577

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.1010

Mr. Edmundo Rodriguez
Nestor Reyes, Inc.
P.O. Box 9023474
San Juan, PR 00902-3474

RE: The tariff classification of Gentamicin B (CAS-36889-15-3), imported in bulk form, from Japan

Dear Mr. Rodriguez:

In your letter dated February 18, 1998, on behalf of your client, Schering-Plough Products, Inc., you requested a tariff classification ruling.

According to a report prepared for this office by the U.S. Customs laboratory in New York, the subject product, Gentamicin B, which is also known as Betamicin, is a naturally occurring aminoglycoside antibiotic. Goodman & Gilman's, The Pharmacological Basis of Therapeutics (Ninth Edition), states that Gentamicin is an important agent for the treatment of many serious gram-negative bacillary infections.

The applicable subheading for the subject product will be 2941.90.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Antibiotics: Other: Natural: Aminoglycoside antibiotics." 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski

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