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NY H82448




June 26, 2001

CLA-2-2:RR:NC:2:238 H82448

CATEGORY: CLASSIFICATION

TARIFF NO.: 2916.39.4500; 2935.00.6000

Ms. Lisa M. Conzo
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of 2-Chlorophenylacetic acid (CAS-2444-36-2) from France, and Glimepiride (CAS-93479-97-1), imported in bulk form, from India

Dear Ms. Conzo:

In your letter dated June 6, 2001, you requested a tariff classification ruling.

You indicate that the first subject product, 2-Chlorophenylacetic acid, also known as o-chlorophenylacetic acid, is intended for use as a pharmaceutical intermediate.

The second subject product, Glimepiride, is indicated for use as an oral blood-glucose-lowering (hypoglycemic) drug in patients with noninsulin-dependent (Type II) diabetes mellitus.

Please be advised that yor request for a tariff classification ruling, re: Adatanserin (CAS-127266-56-2), cannot be accommodated at this time without submission of the following information: Will this product be imported for use in FDA-regulated clinical trials? If so, please indicate the IND (Investigational New Drug) number assigned by the FDA (pursuant to the filing of the IND application with the FDA), as well as the particular clinical-trial phase (I, II or III) it will be used in. If not, then please indicate what the intended use will be. When this information is available, you may wish to resubmit your request. The applicable subheading for 2-Chlorophenylacetic acid will be 2916.39.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. note 3 to section VI." The rate of duty will be 8.6 percent ad valorem.

The applicable subheading for Glimepiride, imported in bulk form, will be 2935.00.6000, HTS, which provides for “Sulfonamides: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

2-Chlorophenylacetic acid may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

Glimepiride 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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