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NY G81192




September 5, 2000

CLA-2-29:RR:NC:2:238 G81192

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.90.3000

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

RE: The tariff classification of Ofloxacin (CAS-82419-36-1), imported in bulk form, from Japan

Dear Mr. Chivini:

In your letter dated August 15, 2000, you requested a tariff classification ruling.

According to Dorland's Illustrated Medical Dictionary, 28th Edition, the subject product, Ofloxacin, is a broad-spectrum antibacterial agent which is effective against a wide variety of gram-negative organisms. It is indicated for use in the treatment of prostatitis, sexually transmitted diseases, infections of the lower respiratory tract, urinary tract, and skin, and also applied topically in the treatment of bacterial corneal ulcers. Ofloxacin is characterized, chemically, in the 2000 Physicians’ Desk Reference® as a “fluorinated carboxyquinolone.”

Pursuant to exclusion “(c)” to the Explanatory Notes to heading 2941, HTS, the applicable subheading for Ofloxacin, imported in bulk form, will be 2934.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[N]ucleic acids and their salts; other heterocyclic compounds: Aromatic or modified aromatic: Other: Drugs." Pursuant to General Note 13, HTS, the rate of duty will be free.

For the record, we note that the CAS No. presently listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule for Ofloxacin, i.e., 83380-47-6, has been superseded by 82419-36-1. 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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