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NY I81181




May 7, 2002

CLA-2-30:RR:NC:2:238 I81181

CATEGORY: CLASSIFICATION

TARIFF NO.: 3003.90.0000

Mr. Scott M. Johnson
GlaxoSmithKline
P.O. Box 1467
Pittsburgh, PA 15230

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 Mr. Johnson:

In your letter dated April 23, 2002, 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 the granules constitute “[a]n intermediate material used in the manufacture of GlaxoSmithKline’s Tums® antacid or like product.”

The applicable subheading for the subject granules, imported in bulk form, will be 3003.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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