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August 17, 1999

CLA-2-29:RR:NC:2:238 E85710

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.1050

Gene Merutka, Ph.D.
Intrabiotics Pharmaceuticals, Inc.
1255 Terra Bella Avenue
Mountain View, CA 94043

RE: The tariff classification of Ramoplanin (CAS Reg. No. 76168-82-6), imported in bulk form, from Italy

Dear Dr. Merutka:

In your letter dated August 4, 1999, you requested a tariff classification ruling.

The subject product, Ramoplanin, is a naturally occurring antibiotic. It is described in the 1998 USP Dictionary of USAN and International Drug Names as follows: “(A) Glycolipodepsi peptide antibiotic produced by actinoplanes species ATCC33076. Ramoplanin is a complex antibiotic consisting of a main component designated as ramoplanin A2 and a small amount of related substances, ramoplanin A1, A’1, A’2, A3, and A’3.” You indicate in your letter that Ramoplanin is currently being evaluated in human clinical trials to determine its efficacy as an antibacterial drug.

The applicable subheading for Ramoplanin, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for "[A]ntibiotics: Other: Natural: Other." 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 301-443-1544.

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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