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August 17, 1999

CLA-2-29:RR:NC:2:238 E85808

CATEGORY: CLASSIFICATION

TARIFF NO.: 2935.00.3200; 2937.22.0000; 2934.90.3000; 2917.13.0090

Mr. Michael Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Sodium Sulfamethazine (CAS-1981-58-4); Fluticasone Propionate (CAS-80474-14-2); Risperidone (CAS-106266-06-2); and Azelaic Acid (CAS-123-99-9), all imported in bulk form, from China, India, India, and Germany, respectively

Dear Mr. Tartaro:

In your letter dated August 5, 1999, you requested a tariff classification ruling.

The first product, Sodium Sulfamethazine, is the monosodium salt of Sulfamethazine. It is indicated for use as an antibacterial drug. We note that the International Nonproprietary Name (INN) for Sulfamethazine is Sulfadimidine, which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule.

The second product, Fluticasone Propionate, is a synthetic fluorinated corticosteroid indicated for use as an anti-inflammatory and antipruritic drug, and also for use in the treatment of asthma and allergic rhinitis.

The third product, Risperidone, is indicated for use as an antipsychotic drug.

The fourth product, Azelaic Acid, also known as nonanedioic acid and 1,7-heptanedicarboxylic acid, is indicated for use as an anti-acne drug. The applicable subheading for Sodium Sulfamethazine, Imported in bulk form, will be 2935.00.3200, Harmonized Tariff Schedule of the United States (HTS), which provides for "Sulfonamides: Other: Drugs: Anti-infective agents: Acetylsufisoxazole; Sulfacetamide, sodium; and sulfamethazine, sodium." Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Fluticasone Propionate, imported in bulk form, will be 2937.22.0000, HTS, which provides for “Halogenated derivatives of adrenal cortical hormones.” The rate of duty will be free.

The applicable subheading for Risperidone, imported in bulk form, will be 2934.90.3000, HTS, which provides for “Nucleic acids and their salts; other heterocyclic compounds : Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Azelaic Acid, imported in bulk form, will be 2917.13.0090, HTS, which provides for “Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Azelaic acid, sebacic acid, their salts and esters: Other.” 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 301-443-1544.

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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