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NY I81179




June 24, 2002

CLA-2-29:RR:NC:2:238 I81179

CATEGORY: CLASSIFICATION

TARIFF NO.: 2922.19.0900; 2941.90.5000

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

RE: The tariff classification of Clomiphene Citrate (CAS-50-41-9) and Clindamycin Hydrochloride (CAS-21462-39-5), imported in bulk form, from France and Italy, respectively

Dear Ms. Conzo:

In your letter dated April 22, 2002, you requested a tariff classification ruling.

The first product, Clomiphene Citrate (“Clomifene” is INN), is a synthetic estrogen agonist-antagonist. It is indicated for use in the treatment of ovulatory dysfunction in women desiring pregnancy.

The second product, Clindamycin Hydrochloride, is a semi-synthetic antibiotic prepared from lincomycin, an antibiotic produced by Streptomyces lincolnensis var. lincolnensis. It is indicated for use as an antibacterial drug.

The applicable subheading for Clomiphene Citrate, imported in bulk form, will be 2922.19.0900, Harmonized Tariff Schedule of the United States (HTS), which provides for “Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other: Aromatic: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Clindamycin Hydrochloride, imported in bulk form, will be 2941.90.5000, 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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