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April 13, 1999

CLA-2-29:RR:NC:2:238 E80112

CATEGORY: CLASSIFICATION

TARIFF NO.: 2922.19.1800

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Propoxyphene Napsylate (CAS No. 26570-10-5), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated March 23, 1999, you requested a tariff classification ruling.

The subject product, Propoxyphene Napsylate, is a narcotic analgesic drug which is indicated for the relief of mild to moderate pain. We note that the International Nonproprietary Name (“INN”) for Propoxyphene is “Dextropropoxyphene,” which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.

The applicable subheading for Propoxyphene Napsylate, imported in bulk form, will be 2922.19.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for “[O]xygen-function amino-compounds: Amino-alcohols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof; Other: Aromatic: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

This merchandise may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 "I” Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000.

This merchandise may also 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 301-443-1544.

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 212-637-7068.

Sincerely,

Robert B. Swierupski

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