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NY H88159




February 22, 2002

CLA-2-29:RR:NC:2:238 H88159

CATEGORY: CLASSIFICATION

TARIFF NO.: 2916.39.4500

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

RE: The tariff classification of Ibuprofen Sodium (CAS-31121-93-4), imported in bulk form, from India

Dear Mr. Chivini:

In your letter dated January 18, 2002, you requested a tariff classification ruling.

The subject product, Ibuprofen Sodium, is the sodium salt of Ibuprofen, a nonsteroidal anti-inflammatory drug (NSAID).

The applicable subheading for Ibuprofen Sodium, imported in bulk form, will be 2916.39.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Unsaturated monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. 3 to section VI.” The rate of duty will be 7.9 percent ad valorem.

We note that, at the present time, “Ibuprofen” is not listed in the Pharmaceutical Appendix to the Tariff Schedule. We also note that, pursuant to General Note 4(c) and 4(d), HTS, the subject product is not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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