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NY I86818




October 9, 2002

CLA-2-29:RR:NC:2:238 I86818

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.59.5900; 2931.00.9030; 2924.29.6250; 2933.29.2000; 2933.99.5590

Ms. Janice Lambertucci
Ren-Pharm International, Ltd.
350 Jericho Turnpike, Suite 204
Jericho, NY 11753-1317

RE: The tariff classification of Acyclovir (CAS-59277-89-3); Alendronate Sodium (CAS-121268-17-5), Atenolol (CAS-29122-68-7), Brimonidine Tartrate (CAS-79570-19-7; CAS-70359-46-5), and Carprofen (CAS-53716-49-7), all imported in bulk form, from Italy and Spain

Dear Ms. Lambertucci:

In your letter dated September 17, 2002, you requested a tariff classification ruling.

The first product, Acyclovir [International Nonproprietary Name (INN) = "Aciclovir"] is an antiviral drug.

The second product, Alendronate Sodium [the trihydrate monosodium salt of alendronic acid (CAS-66376-36-1), which is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule], is indicated for use as a bone resorption inhibitor.

The third product, Atenolol, is an antihypertensive, antianginal, and antiarrhythmic drug.

The fourth product, Brimonidine Tartrate, is an adrenergic-agonist drug indicated for use in lowering intraocular pressure in patients with glaucoma or ocular hypertension.

The fifth product, Carprofen, is a non-steroidal anti-inflammatiory drug (NSAID) indicated for the relief of pain and inflammation associated with arthritis in dogs. The applicable subheading for Acyclovir, 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) in the structure: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Alendronate Sodium, imported in bulk form, will be 2931.00.9030, HTS, which provides for “Other organo-inorganic compounds: Other: Other: Organo-phosphorous compounds.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Atenolol, imported in bulk form, will be 2924.29.6250, HTS, which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Brimonidine Tartrate, imported in bulk form, will be 2933.29.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused imidazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free

The applicable subheading for Carprofen, imported in bulk form, will be 2933.99.5590, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Drugs: Drugs primarily affecting the central nervous system: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: 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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