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NY I89001




December 12, 2002

CLA-2-29:RR:NC:2:238 I89001

CATEGORY: CLASSIFICATION

TARIFF NO.: 2928.00.3000; 2922.50.2500; 2933.39.4100; 2937.23.5050; 2922.19.0900

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

RE: The tariff classification of Hydroxyurea (CAS-127-07-1), Levobunolol Hydrochloride (CAS-27912-14-7), Loratadine (CAS-79794-75-5), Medroxyprogesterone Acetate (CAS-71-58-9) and Metoprolol Succinate (CAS-98418-47-4), imported in bulk form, from Italy, Spain and China

Dear Ms. Lambertucci:

In your letter dated November 22, 2002, you requested a tariff classification ruling.

The first product, Hydroxyurea (“Hydroxycarbamide” is INN), is indicated for use as an antineoplastic drug.

The second product, Levobunolol Hydrochloride, is a noncardioselective beta-adrenoceptor blocking agent. It is indicated for use to lower intraocular pressure in patients with chronic open-angle glaucoma or ocular hypertension.

The third product, Loratadine, is indicated for use as an antihistamine.

The fourth product, Medroxyprogesterone Acetate, is a derivative of progesterone. It is indicated for use, among other things, as a contraceptive and to control uterine bleeding.

The fifth product, Metoprolol Succinate, is indicated for the treatment of hypertension.

The applicable subheading for Hydroxyurea, imported in bulk form, will be 2928.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Organic derivatives of hydrazine or of hydroxylamine: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free. The rate of duty will remain the same in 2003.

The applicable subheading for Levobunolol Hydrochloride, imported in bulk form, will be 2922.50.2500, HTS, which provides for “Oxygen-function amino-compounds: Amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function: Aromatic: Other: Drugs: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free. The rate of duty will remain the same in 2003. The applicable subheading for Loratadine, imported in bulk form, will be 2933.39.4100, HTS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Drugs: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free. The rate of duty will remain the same in 2003.

The applicable subheading for Medroxyprogesterone Acetate, imported in bulk form, will be 2937.23.5050, HTS, which provides for “Steroidal hormones, their derivatives and structural analogues: Estrogens and progestins: Other: Other: Other: Other.” The rate of duty will be free. The rate of duty in 2003 will remain the same.

The applicable subheading for Metoprolol Succinate, imported in bulk form, will be 2922.19.0900, HTS, which provides for “Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other: Aromatic: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free. The rate of duty will remain the same in 2003.

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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