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NY I82256





June 19, 2002

CLA-2-29:RR:NC:2:238 I82256

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.59.5900

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089-9160

RE: The tariff classification of Minoxidil (CAS-38304-91-5), imported in bulk form, from Italy

Dear Mr. Chivini. :

In your letter dated May 13, 2002, you requested a tariff classification ruling.

The subject product, Minoxidil, is indicated for use as an antihypertensive drug, and as a hair-growth stimulant to regrow hair on the scalp. We note that the structural formula for Minoxidil reveals the presence of both an unfused, hydrogenated, pyridine ring and a pyrimidine ring in the molecule. Accordingly, pursuant to Section VI, Additional U.S. Note 2(b), HTS, it is our determination that Minoxidil is not “modified aromatic” for tariff purposes.

The applicable subheading for Minoxidil, imported in bulk form, will be 2933.59.5900, Harmonized Tariff Schedule of the United States (HTS), which provides for ”Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure: Other: Drugs: Other.” Pursuant to General Note 13, HTS, 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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