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August 30, 1999

LA-2-29:RR:NC:2:238 E86272

CATEGORY: CLASSIFICATION

TARIFF NO.: 2936.29.5020; 2937.99.2500; 2937.92.5050; 2937.22.0000

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

RE: The tariff classification of Calcitriol (CAS-32222-06-3); Desonide (CAS-638-94-8); Estramustine Phosphate Sodium (CAS-52205-73-9); and Flumethasone (CAS-2135-17-3), all imported in bulk form, from the Netherlands, Italy, India, and Italy, respectively

Dear Mr. Tartaro:

In your letter dated August 17, 1999, you requested a tariff classification ruling.

The first product, Calcitriol, is described in The Merck Index, Twelfth Edition, as “[T]he biologically active form of Vitamin D3 in intestinal calcium transport and bone calcium resorption.” At the present time, it is indicated for use in the management of hypocalcemia and the resultant metabolic bone disease in patients undergoing chronic renal dialysis.

The second product, Desonide, is a synthetic, nonfluorinated corticosteroid, indicated for use as an anti-inflammatory and antipruritic drug in the treatment of corticosteroid-responsive dermatoses.

The third product, Estramustine Phosphate Sodium, is the phosphorylated disodium salt of Estramustine, which is described in The Merck Index, Twelfth Edition, as “[E]stradiol (the most potent naturally occurring estrogenic hormone found in mammals) to which nitrogen mustard is bound.” It is indicated for use as an antineoplastic drug in the treatment of carcinoma of the prostate.

The fourth product, Flumethasone, is a synthetic, fluorinated corticosteroid. According to Remington’s Pharmaceutical Sciences, Eighteenth Edition, the 21-pivalate salt is about 800 times more potent than cortisone acetate, and is used topically for the treatment of (glucocorticoid-responsive) dermatological disorders.

The applicable subheading for Calcitriol, imported in bulk form, will be 2936.29.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for "[V]itamins and their derivatives, unmixed: Other vitamins and their derivatives: Other: Other: Vitamins D and their derivatives." The rate of duty will be free.

The applicable subheading for Desonide, imported in bulk form, will be 2937.99.25.0000, HTS, which provides for “[O]ther hormones and their derivatives; other steroids used primarily as hormones: Other: Desonide; Epinephrine; Epinephrine hydrochloride; Nandrolone phenpropionate; and 1–Thyroxine (Levothyroxine), sodium.” The rate of duty will be free.

The applicable subheading for Estramustine Phosphate Sodium, imported in bulk form, will be 2937.92.5050, HTS, which provides for “[O]ther hormones and their derivatives; other steroids used primarily as hormones: Estrogens and progestins: Other: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for Flumethasone, imported in bulk form, will be 2937.22.0000, HTS, which provides for “[H]alogenated derivatives of adrenal cortical hormones.” 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
Director,

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