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NY C89898


July 17, 1998

CLA-2-39:RR:NC:FC:237 C89898

CATEGORY: CLASSIFICATION

TARIFF NO: 3914.00.6000

Jose G. Flores

(Attn: Gladys Flores)

P.O. Box 9022695

San Juan, PR 00902-2695

RE: The classification of Amberlite IRP-64 (cAS-50602-21-6),
in powder form, from France.

Dear Ms. Flores:

In your letter dated July 7, 1998 you requested a tariff classification ruling on behalf of Johnson & Johnson Pharmaceutical Partners.

According to the USP Dictionary of USAN and International Drug Names, Amberlite IRP-64 is a synthetic ion-exchange resin, prepared through the polymerization of methacrylic acid and divinylbenzene, and supplied in the hydrogen or free acid form. Based on your technical literature, the product will be imported as a dry fine powder, for pharmaceutical applications, in a particle size of 100-to-400 mesh, and primarily for use as a carrier for certain basic (cationic) drugs and related products.

The applicable subheading for Amberlite IRP-64 ion exhange resin will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other ion-exchangers based on polymers of headings 3901 to 3913, in primary forms. Pursuant to General Note 13, HTSUS, covering pharmaceutical products listed in the pharmaceutical appendix, 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 F. Cantone at 212-

466-5488.

Sincerely,


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