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NY I84924




August 21, 2002

CLA-2-29:RR:NC:2:238 I84924

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.5000

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

RE: The tariff classification of Meropenem (CAS-96036-03-2), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated July 24, 2002, you requested a tariff classification ruling.

The subject product, Meropenem, is a broad-spectrum antimicrobial agent belonging to the carbapenem class of β-lactam antibiotics (which also includes the penicillins and cephalosporins). According to Goodman & Gilman’s The Pharmacological Basis of Therapeutics (Tenth Edition), “Carabapenems are β-lactams that contain a fused β-lactam ring system that differs from the penicillins in being unsaturated and containing a carbon atom instead of the sulfur atom.” According to Dorland’s Illustrated Medical Dictionary (29th Edition), Meropenem is “[d]erived from Thienamycin,” a naturally occurring carbapenem antibiotic produced by Streptomyces cattleya.

Pursuant to the subheading explanatory note to subheading 2941.10, HTS, the applicable subheading for Merpenem, imported in bulk form, will be 2941.90.5000, Harmonized Tariff Schedule of the United States (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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