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NY J81332




March 6, 2003

CLA-2-29:RR:NC:2:238 J81332

CATEGORY: CLASSIFICATION

TARIFF NO.: 2921.49.4300; 2904.10.3700; 2927.00.5000

Ms. Laura Mannisto
Interchem Corporation
120 Route 17 North
P.O. Box 1579
Paramus, NJ 07653-1579

RE: The tariff classification of Naftifine Hydrochloride (CAS-65473-14-5), Sodium-2-Naphthalenesulfonate (CAS-532-02-5) and Olsalazine Sodium (CAS-6054-98-4), imported in bulk form, from Italy, China and Spain, respectively

Dear Ms. Mannisto:

In your letter dated February 13, 2003, you requested a tariff classification ruling.

The first product, Naftifine Hydrochloride, is a synthetic, broad-spectrum, antifungal agent applied topically for the treatment of fungal diseases, such as tinea pedis, tinea cruris and tinea corporis.

According to Hawley’s Condensed Chemical Dictionary (Fourteenth Edition), the second product, Sodium-2-Naphthalenesulfonate, is used in organic synthesis, as a liquefying agent in animal glue preparations, and in the manufacture of naphthols. You state that it is intended for use as a chemical intermediate. We note that the Chemical Abstracts Service (CAS) registry number for the subject product, i.e., CAS-532-02-5, is listed in the Chemical Appendix to the Tariff Schedule.

The third product, Olsalazine Sodium, is an anti-inflammatory agent (gastrointestinal) indicated for use in the treatment of ulcerative colitis. We note that the Chemical Abstracts Service (CAS) registry number for the subject product, i.e., CAS-6054-98-4, is also listed in the Chemical Appendix to the Tariff Schedule.

The applicable subheading for Naftifine Hydrochloride, imported in bulk form, will be 2921.49.4300, Harmonized Tariff Schedule of the United States (HTS), which provides for “Amine-function compounds: Aromatic monoamines and their derivatives; salts thereof: Other: Other: Drugs: Other. Pursuant to General Note 13, HTS, the rate of duty will be free. Pursuant to Additional U.S. Note 3 to Chapter 29, HTS, the applicable subheading for Sodium-2-Naphthalenesulfonate will be 2904.10.3700, HTS, which provides for “Sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated: Derivatives containing only sulfo groups, their salts and ethyl esters: Other: Aromatic: Other.” The rate of duty will be 0.7 cents per kilogram plus 7.6 percent ad valorem.

Pursuant to Additional U.S. Note 3 to Chapter 29, HTS, the applicable subheading for Olsalazine Sodium, imported in bulk form, will be 2927.00.5000, HTS, which provides for “Diazo-, azo- or azoxy-compounds: Other: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

Naftifine Hydrochloride and Olsalazine Sodium 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.

Sodium-2-Naphthalenesulfonate may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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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