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NY J81678




March 24, 2003

CLA-2-29:RR:NC:2:238 J81678

CATEGORY: CLASSIFICATION

TARIFF NO.: 2907.19.8000; 2933.39.4100; 2941.90.3000; 2934.99.3000; 2934.99.4700; 2921.49.4300

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

RE: The tariff classification of Propofol (CAS-2078-54-8), Pyridostigmine Bromide (CAS-101-26-8), Rifampicin (CAS-13292-46-1), Risperidone (CAS-106266-06-2), Stavudine (CAS-3056-17-5) and Terbinafine Hydrochloride (CAS-78628-80-5), imported in bulk form, from Italy, Spain and Malta

Dear Ms. Lambertucci:

In your letter dated March, 3, 2003, you requested a tariff classification ruling.

The first product, Propofol, is indicated for use as an anesthetic (intravenous).

The second product, Pyridostigmine Bromide, is indicated for the treatment of myastenia gravis.

The third product, Rifampicin, a semisynthetic derivative of rifamycin SV (a naturally occurring antibiotic), is indicated for use as an antibacterial drug. We note that “Rifampicin” represents the International Nonproprietary Name (INN) for this compound, while “Rifampin” represents the compound’s nonproprietary [United States Adopted Name (USAN)] name.

The fourth product, Risperidone, is indicated for use as an antipsychotic drug.

The fifth product, Stavudine, is indicated for the treatment of HIV-1 infection.

The sixth product, Terbinafine Hydrochloride, is an antifungal drug. We note that, according to the 2001 edition of the USP Dictionary of USAN and International Drug Names, “Terbinafine Hydrochloride” represents the Japanese Applied Name (JAN) for this compound, while “Terbinafine” represents the compound’s nonproprietary (USAN) name, as well as its International Nonproprietary Name (INN).

The applicable subheading for Propofol, imported in bulk form, will be 2907.19.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Phenols; phenol-alcohols: Monophenols: Other: Other: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Pyridostigmine Bromide, 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 applicable subheading for Rifampicin, imported in bulk form, will be 2941.90.3000, HTS, which provides for “Antibiotics: Other: Other: Aromatic or modified aromatic.” The rate of duty will be free.

The applicable subheading for Risperidone, 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 Stavudine, imported in bulk form, will be 2934.99.4700, HTS, which provides for “Nucleic acids and their salts, whether or not chemically defined, other heterocyclic compounds: Other: Other: Other: Drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Terbinafine Hydrochloride, imported in bulk form, will be 2921.49.4300, 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.

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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