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NY G83347





October 20, 2000

CLA-2-30:RR:NC:2:238 G83347

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Ms. Leslie Araki
SST International
10415 S. La Cienega Blvd.
P.O. box 45055
Los Angeles, CA 90045

RE: The tariff classification of granules composed of (by weight) 50% calcium carbonate, 38% sugar and 12% starch, for use in the manufacture of antacid tablets, imported in bulk form, from Canada

Dear Ms. Araki:

In your letter dated October 12, 2000, on behalf of your client, Lion Chemical, you requested a tariff classification ruling.

The subject product consists of white granules composed of (by weight) 50% calcium carbonate (the active ingredient), 38% sugar (presumably, sucrose) and 12% starch. You state in your letter that “[T]he commodity in question is an intermediate pharmaceutical used to make the antacid TUMS® or like product.”

The applicable subheading for the subject product will be 3003.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[M]edicaments consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Other." The general 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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