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NY I89619




January 13, 2003

CLA-2-29:RR:NC:2:238 I89619

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.99.0000; 2934.99.3000; 2931.00.9030; 2933.99.6500; 2933.39.4100

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

RE: The tariff classification of Colchicine (CAS-64-86-8), Oxaprozin (CAS-21256-18-8), Pamidronic Acid (CAS-40391-99-9), Oxcarbazapine (CAS-28721-07-5) and Pantoprazole Sodium (CAS-164579-32-2), imported in bulk form, from Spain, Italy, and Malta

Dear Ms. Lambertucci:

In your letter dated December 23, 2002, you requested a tariff classification ruling.

The first product, Colchicine, is a naturally occurring alkaloid obtained from species of Colchicum. It is used in the treatment of gouty arthritis, and also in the laboratory to arrest cell division by disrupting the mitotic spindle.

The second product, Oxaprozin, is a nonsteroidal anti-inflammatory drug.

The third product, Pamidronic Acid, is indicated for therapeutic use in resorptive bone disease.

The fourth product, Oxcarbazapine, is an antiepileptic drug.

The fifth product, Pantoprazole Sodium, suppresses the production of gastric acid and is indicated for the treatment of various acid-related gastrointestinal diseases such as acute erosive esophagitis. We note that the monograph in the 2001 edition of the USP Dictionary of USAN and International Drug Names shows the following chemical names and CAS number for Pantoprazole Sodium: (a) 1H-Benzimidazole, 5-(difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridinyl)methyl]sulfinyl]-, sodium salt, hydrate (2:3); (b) 5-(Difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridyl)methyl]sulfinyl]benzimidazole, sodium salt, sesquihydrate. CAS-164579-32-2.

The applicable subheading for Colchicine, imported in bulk form, will be 2939.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Other.” The rate of duty will be free. The applicable subheading for Oxaprosin, imported in bulk form, will be 2934.99.3000, HTS, which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

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

The applicable subheading for Oxcarbazapine, imported in bulk form, will be 2933.99.6500, 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: Anticonvulsants, hypnotics and sedatives.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Pantoprazole Sodium, 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.

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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