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NY G83623




November 2, 2000

CLA-2-29:RR:NC:2:238 G83623

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.5000

Ms. Joan von Doehren
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Clindamycin Phosphate, USP (CAS-24729-96-2), imported in bulk form, from Italy

Dear Ms. von Doehren:

In your letter dated September 22, 2000, you requested a tariff classification ruling.

The subject product, Clindamycin Phosphate, USP, is the phosphate salt of Clindamycin, a semisynthetic compound prepared from, and closely related to, Lincomycin, a naturally occurring antibiotic produced by Streptomyces lincolnensis. Like Lincomycin, Clindamycin Phosphate is indicated for use as an antibacterial drug.

Pursuant to Explanatory Note 2941, HTS, the applicable subheading for Clindamycin Phosphate, USP, imported in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Antibiotics: Other: Other: 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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