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NY C87236




May 8, 1998

CLA-2-29:RR:NC:2:238 C87236

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.6500

William T. Cain, Ph.D.
SST Corporation
635 Brighton Road
P.O. Box 1649
Clifton, NJ 07015-1649

RE: The tariff classification of Temazepam (CAS-846-50-4), imported in bulk form, from Germany

Dear Dr. Cain:

In your letter dated April 20, 1998, you requested a tariff classification ruling.

The subject product, Temazepam, has the following chemical name: 7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one. We note that, although you describe Temazepam as a "tranquilizer", the single monograph in the 1998 edition of the Physicians' Desk Reference characterizes the actual medicament containing Temazepam (as the active ingredient) as "a benzodiazepine hypnotic agent," indicated for use in the short-term treatment of insomnia. With respect to your question as to whether Tamazepam "fits more appropriately into category 2933.39.3000,(HTS)," we note the absence of any pyridine ring(s) - fused or unfused - in the structure of this compound.

The applicable subheading for Temazepam, imported in bulk form, will be 2933.90.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Hetrocyclic compounds with nitrogen hetero-atom(s) only: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Anticonvulsants, hypnotics and sedatives." 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski

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