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NY I88360




November 25, 2002

CLA-2-29:RR:NC:2:238 I88360

CATEGORY: CLASSIFICATION

TARIFF NO.: 2941.90.1050

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

RE: The tariff classification of Calcimycin (CAS-52665-69-7), imported in bulk form, from South Africa

Dear Mr. Chivini:

In your letter dated November 7, 2002, you requested a tariff classification ruling.

The subject product, Calcimycin (a.k.a. Antibiotic A-23187, A-23187), is a naturally occurring polyether antibiotic produced by a strain of Streptomyces chartreusensis Calhoun and Johnson NRRL 3882. An excerpt from U.S. Patent 3,960,667 reads as follows: “The antibiotic A23187 is an acidic, nitrogen-containing substance which inhibits the growth of microorganisms pathogenic to animal and plant life and which displays ionophorous properties with a high specificity for divalent cations” (emphasis added). The Merck Index (13th ed.) indicates that Calcimycin is used as a biochemical tool to study the role of divalent cations (e.g., Ca2+) in various biological systems.

The applicable subheading for Calcimycin, imported in bulk form, will be 2941.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antibiotics: Other: Natural: 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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