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NY J81823




March 12, 2003

CLA-2-29:RR:NC:2:238 J81823

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.99.3000; 2933.99.5590; 2928.00.2500; 2922.50.1400

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

RE: The tariff classification of Paroxetine Hydrochloride hemihydrate (CAS-110429-35-1), Pentazocine Hydrochloride (CAS-64024-15-3), Phenelzine Sulfate (CAS-156-51-4) and Propafenone Hydrochloride (CAS-34183-22-7), imported in bulk form, from Spain and Italy

Dear Ms. Lambertucci:

In your letter dated February 18, 2003, you requested a tariff classification ruling.

The first product, Paroxetine Hydrochloride hemihydrate, is indicated for the treatment of depression, obsessive compulsive disorder, panic disorder, social anxiety disorder and generalized anxiety disorder.

The second product, Pentazocine Hydrochloride, is an analgesic drug.

The third product, Phenelzine Sulfate, is an antidepressant.

The fourth product, Propafenone Hydrochloride, is an antiarrhythmic drug.

The applicable subheading for Paroxetine Hydrochloride hemihydrate, imported in bulk form, will be 2934.99.3000, Harmonized Tariff Schedule of the United States (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 Pentazocine Hydrochloride, imported in bulk form, will be 2933.99.5590, 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: Analgesics, antipyretics and nonhormonal anti-inflammatory agents: Other.” Pursuant to General Note 13, HTS, the rate of duty will be free. The applicable subheading for Phenelzine Sulfate, imported in bulk form, will be 2928.00.2500, HTS, which provides for “Organic derivatives of hydrazine or of hydroxylamine: Other: Aromatic.” Pursuant to General Note 13, HTS, the rate of duty will be free.

The applicable subheading for Propafenone Hydrochloride, imported in bulk form, will be 2922.50.1400, 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: Cardiovascular drugs.” Pursuant to General Note 13, HTS, the rate of duty will be free.

With regard to the tariff classification of Pravastatin Sodium and Propranolol Hydrochloride, please be advised that a separate ruling (NY J81940) will be issued to you at a later date, after our laboratory has forwarded a report to us.

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. In addition, Pentazocine Hydrocholride may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number 202- 307-1000.

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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